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PAPE v. SMITH

227 Pa.Super. 80 (1974)

Pape, Appellant, v. Smith.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

George P. Micacchione, with him Alfred V. Papa, for appellant.

P. Raymond Bartholomew, with him Donald R. McKay, and Cusick, Madden, Joyce and McKay, for appellee.

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

OPINION BY CERCONE, J., April 3, 1974:

This is plaintiff's appeal from the lower court's order granting defendant's motion for summary judgment and dismissing plaintiff's complaint. Plaintiff brought this action against defendant Smith in trespass to recover for injuries suffered when he was trapped in the cave-in of a sewer line excavation in which he was working.

The issue to be resolved is whether defendant...

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