DEER v. CITY OF PITTSBURGH


240 Pa.Super. 19 (1976)

Deer et al., Appellants, v. City of Pittsburgh.

Superior Court of Pennsylvania.

April 22, 1976.


Attorney(s) appearing for the Case

Paul E. Moses, with him Evans, Ivory & Evans, for appellants.

George Shorall, Assistant City Solicitor, with him Eugene B. Strassburger, III, Deputy City Solicitor, and Mead J. Mulvihill, Jr., City Solicitor, for appellee.

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


OPINION BY WATKINS, P.J., April 22, 1976:

This case involves an appeal from the Court of Common Pleas of Allegheny County, Civil Division, which granted the defendant's motion for a nonsuit on the grounds that the plaintiff was contributorily negligent as a matter of law; and from the refusal of the Court en banc to strike off the nonsuit.

On October 11, 1972 at 5:40 A.M., Mrs. Helen Marie Deer, one of the plaintiffs herein, was involved in an automobile...

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