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LITWINKO v. GRAY

267 Pa.Super. 541 (1979)

407 A.2d 42

Adele LITWINKO v. James GRAY, Southeastern Pennsylvania Transportation Authority, William Sommers, and the City of Philadelphia. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

Superior Court of Pennsylvania.

Decided July 13, 1979.

Attorney(s) appearing for the Case

J. Shane Creamer, Philadelphia, for appellant.

No brief filed for appellee Gray.

No brief filed for appellee Litwinko.

Barbara Axelrod, Assistant City Solicitor, Philadelphia, for appellee City of Philadelphia.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.

PRICE, Judge:

The instant appeal is from an order of the court below granting a directed verdict and point for binding instructions on behalf of appellee, the City of Philadelphia, and denying the motion of appellant Southeastern Pennsylvania Transportation Authority (SEPTA) for a new trial. For the reasons stated herein, we reverse the order of the court below.

The facts giving rise to this appeal are as follows. On October 8, 1969, at or about 6:40 a.m....

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