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HOLLYWOOD SHOP v. PA. GAS & WATER CO.

270 Pa.Super. 245 (1979)

411 A.2d 509

HOLLYWOOD SHOP, INC. v. PENNSYLVANIA GAS AND WATER COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed September 28, 1979.

Petition for Allowance of Appeal Denied April 2, 1980.

Attorney(s) appearing for the Case

Joseph J. Musto, Wilkes-Barre, for appellant.

Richard J. Confair, Wilkes-Barre, for appellee.

Before PRICE, SPAETH and LIPEZ, JJ.

SPAETH, Judge:

This is an appeal from an order granting a new trial. The trial judge refused the plaintiff's (appellee's) request for a res ipsa loquitur instruction, but the lower court, sitting en banc, held that the instruction should have been given.

The case concerns a water main break that occurred in Wilkes-Barre on May 28, 1972. Appellee's store, which was on the first block of South Main Street, suffered substantial

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