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MASCIANGELO v. DOLENTE et al.

222 Pa.Super. 368 (1972)

Masciangelo v. Dolente et al., Appellants.

Superior Court of Pennsylvania.

September 15, 1972.

Attorney(s) appearing for the Case

Raymond M. Seidel, with him High, Swartz, Roberts & Seidel, for appellants.

Thomas J. Burke and Dean B. Stewart, Jr., with them Haws and Burke, and McTighe, Brown, Weiss, Bonner & Stewart, for appellee.

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

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

The appellants seek to overthrow a verdict of $113,5001 in favor of the appellee, who was struck by part of a tree coming up from the ground as he was operating a bulldozer. The appellants, by contract, had been obligated to clear the ground of any trees.

A real estate development corporation employed the appellants to clear a densely wooded tract and to remove all trees and stumps to...

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