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ALLEN et vir v. LESHNER

224 Pa.Super. 327 (1973)

Allen et vir, Appellants, v. Leshner.

Superior Court of Pennsylvania.

June 14, 1973.

Attorney(s) appearing for the Case

William Morrow, with him Irwin Rosenzweig, and Karabel, Rosenzweig, Abowitz & Morrow, for appellants.

Edward R. Paul, with him Joseph G. Manta, and LaBrum and Doak, for appellees.

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

OPINION BY JACOBS, J., June 14, 1973:

At issue in this case is the vicarious liability in tort of an employer of persons not covered by The Pennsylvania Workmen's Compensation Act1 for injury and property damage suffered by an employee due to the negligence of another employee. Specifically, the question is whether an employer of a live-in nursing companion is free, as a matter of law under the fellow servant rule, from liability for loss...

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