JUST et ux. v. SONS of ITALY HALL


240 Pa.Super. 416 (1976)

Just et ux., Appellants, v. Sons of Italy Hall.

Superior Court of Pennsylvania.

April 22, 1976.


Attorney(s) appearing for the Case

Joseph D. Talarico, with him Anthony V. DeCello, and DeCello, Bua & Manifesto, for appellants.

William R. Balph, Jr., with him Elmer D. O'Neill, and Chambers, O'Neill, Nicolls, Balph & Paul, for appellee.

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


OPINION BY JACOBS, J., April 22, 1976:

This is an appeal from the order of the court below granting defendant-appellee's motion for summary judgment on the ground that the plaintiff-appellant, Judy Just, was contributorily negligent as a matter of law. Mindful that a ". . . court `can declare as a matter of law that a certain state of facts amounts to contributory negligence on the part of a plaintiff only in cases so clear that there is no room for fair and sensible...

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