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BANET et al. v. PHILADELPHIA

226 Pa.Super. 452 (1973)

Banet et al., Appellants, v. City of Philadelphia.

Superior Court of Pennsylvania.

November 21, 1973.

Attorney(s) appearing for the Case

Edward Greer, with him S. Robert Levant, Mesirov, Gelman, Jaffe & Levin, and Richter, Syken, Ross & Levant, for appellants.

James M. Penny, Jr., Assistant City Solicitor, with him Alfeo P. Libetti, Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellees.

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

OPINION PER CURIAM, November 21, 1973:

The six judges who heard this appeal being equally divided, the judgments are affirmed.

OPINION BY HOFFMAN, J., IN SUPPORT OF REVERSAL:

Appellants contend that the trial court erred in refusing to charge the jury on the doctrine of exclusive control.

On April 14, 1965, a 48" water main broke at the intersection of Frankford and Torresdale Avenues in...

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