NOON v. KNAVEL et al.


234 Pa.Super. 198 (1975)

Noon v. Knavel (et al., Appellant).

Superior Court of Pennsylvania.

April 22, 1975.


Attorney(s) appearing for the Case

Charles Kirshner, with him R. Thomas Strayer, and Rosenberg, Kirshner & Solomon, for appellant.

Gary F. Sharlock, with him Sharlock & Repcheck, for appellee, The Baltimore & Ohio Railroad Company.

J. Phillips Saylor and Samuel R. DiFrancesco, Jr., with them Robert G. Rose, James R. Di Francesco, James F. O'Malley, and Spence, Custer, Saylor, Wolfe & Rose, Gleason, Di Francesco, Shahade & Markovitz, and Yost & O'Malley, for appellees.

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


OPINION BY HOFFMAN, J., April 22, 1975:

Appellant, the General Telephone Company of Pennsylvania, contends that the lower court erred in failing to grant its motion for judgment non obstante veredicto on the grounds that its negligence was not the proximate cause of appellee Noon's injuries.

Appellant, a public utility, was the owner of a public telephone booth which was located immediately adjacent to the grade crossing of the Baltimore and Ohio Railroad...

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