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WOLBACH v. FAY

488 Pa. 239 (1980)

412 A.2d 487

Marvin L. WOLBACH and Esther Wolbach, his wife, Appellants, v. John A. FAY, James P. Calhoun and Madelyn C. Calhoun, his wife, and William G. Barber and Caroline N. Barber, his wife.

Supreme Court of Pennsylvania.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Michael J. Dowd, John Kocsis, III, Athens, for appellant.

W. Marshall Dawsey, Philadelphia, for appellees, Mr. and Mrs. Calhoun.

Robert J. Murphy, Towanda, for appellees, Mr. and Mrs. Barber.

Maurice L. Epstein, Towanda, for appellee, John A. Fay.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN and FLAHERTY, JJ.

OPINION OF THE COURT

O'BRIEN, Justice.

On August 11, 1974, at approximately 9:55 p.m., appellant Marvin L. Wolbach was operating a truck on Legislative Route 08081 in Athens Township, Bradford County. He pulled off the road to help a friend, Gary Miller, who was having trouble starting his car. He parked in front of a car owned by appellee John A. Fay. While Wolbach was standing between his truck and Fay's car, a...

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