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McAULIFFE et al. v. CONSTANTINE

228 Pa.Super. 52 (1974)

McAuliffe et al., Appellants, v. Constantine.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

George A. Conti, for appellants.

Patrick R. Riley, with him Costello & Berk, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., June 21, 1974:

The minor plaintiff in this suit, John Wayne McAuliffe, was struck by the defendant's automobile while he was attempting to cross the street in front of his house. At the conclusion of the plaintiff's case, the trial judge granted the defendant's motion for compulsory nonsuit. The lower court en banc denied plaintiff's motion to take off the nonsuit and this appeal followed...

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