FURBY v. NOVAK


224 Pa.Super. 44 (1973)

Furby, Appellant, v. Novak.

Superior Court of Pennsylvania.

April 4, 1973.


Attorney(s) appearing for the Case

Herbert B. Lebovitz, with him Lebovitz & Lebovitz, for appellants.

Bruce R. Martin, for appellee.

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


OPINION PER CURIAM, April 4, 1973:

The six Judges who heard and decided this appeal being equally divided, the judgment is affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant contends that the lower court erred in its charge to the jury on the question of minor-appellant's contributory negligence. While the charge on the rebuttable presumption against the contributory negligence of a minor aged...

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