HESTER, Judge:
This is an appeal from the Order of the Court of Common Pleas of Beaver County denying appellant's motion to remove a compulsory non-suit.
Appellant initiated this action by Complaint in Trespass on January 22, 1976, seeking compensatory damages for injuries sustained as a result of his fall on an icy sidewalk in front of appellee Brewer's Pizza Shop in New Brighton,
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