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MICALIZZI v. DARBY BOROUGH et al.

222 Pa.Super. 251 (1972)

Micalizzi v. Darby Borough (et al., Appellant).

Superior Court of Pennsylvania.

September 15, 1972.

Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., with him J. Freedley Hunsicker, Jr., Drinker, Biddle & Reath and Joseph T. Labrum, Jr., Eugene H. Evans, and Fronefield, deFuria and Petrikin, for appellant.

No oral argument was made nor brief submitted for appellee.

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

OPINION BY HOFFMAN, J., September 15, 1972:

This is appeal from the order of the court below denying appellant's motion for summary judgment.

On December 1, 1968, appellee was injured when he lost control of his automobile. Appellee has alleged in the complaint that the accident was caused by negligently maintained trolley tracks which were owned and maintained by appellant. Appellant had no knowledge of the accident until December 17, 1970, when it was served...

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