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KERN v. ARNOLD

218 Pa.Super. 143 (1971)

Kern, Appellant, v. Arnold.

Superior Court of Pennsylvania.

May 20, 1971.

Attorney(s) appearing for the Case

William B. Anstine, Jr., with him Anstine & Anstine, for appellant.

Robert M. Strickler, with him Markowitz, Kagen & Griffith, for appellees.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, May 20, 1971:

Order affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I respectfully dissent from the order affirming the lower court's refusal to grant a new trial to the plaintiff-appellant in this automobile accident case for the reason that I believe that the lower court committed fundamental error in submitting the question of the plaintiff's contributory negligence to the...

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