MACINA v. McADAMS


280 Pa.Super. 115 (1980)

421 A.2d 432

Frank MACINA v. Robert McADAMS, Appellant.

Superior Court of Pennsylvania.

Filed July 25, 1980.


Attorney(s) appearing for the Case

C. Dean Francis, Philadelphia, for appellant.

G. Taylor Tunstall, Philadelphia, for appellee.

Before SPAETH, BROSKY and VAN der VOORT, JJ.


SPAETH, Judge:

This appeal arises from an order granting a new trial.

On December 31, 1970, at approximately 5:00 a.m. appellee was driving a milk truck on Roosevelt Boulevard in Philadelphia when he was hit from the rear by an automobile operated by appellant. Appellee subsequently instituted a trespass action alleging that appellant's negligence caused him to sustain back injuries. At trial appellant...

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