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FAUZER v. PHILADELPHIA GAS WORKS

279 Pa.Super. 310 (1980)

420 A.2d 1349

Wayne Francis FAUZER and Sharon Hajduk, Appellants, v. PHILADELPHIA GAS WORKS and Albert Jones.

Superior Court of Pennsylvania.

Filed July 18, 1980.

Attorney(s) appearing for the Case

Allen L. Feingold, Philadelphia, for appellants.

Nicholas J. Lisi, Philadelphia, for appellees.

Before HESTER, WICKERSHAM and LIPEZ, JJ.

PER CURIAM:

This is an appeal from the refusal of the court below to take off a compulsory non-suit granted against the plaintiff Wayne Francis Fauzer in an automobile accident case heard without a jury.1 We reverse.

The plaintiff was operating his automobile on Ridge Avenue, Philadelphia on November 21, 1974 on a wet road. He saw the defendant's vehicle, a large gas truck, about 150 feet away to his left in a private driveway...

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