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BROWN v. TINNENY

280 Pa.Super. 512 (1980)

421 A.2d 839

Molly BROWN, a minor, by Harry M. Brown, her guardian, and Harry M. Brown and Patricia Brown, parents in their own right, Appellants, v. John F. TINNENY and Timothy A. Labos v. MOUNT LEBANON SCHOOL DISTRICT, Additional Defendant.

Superior Court of Pennsylvania.

Filed September 19, 1980.

Attorney(s) appearing for the Case

John C. Carlin, Jr., Pittsburgh, for appellants.

John A. Robb, Jr., Pittsburgh, for Tinneny, appellee.

J.W. Carroll, Jr., Pittsburgh, for Labos, appellee.

Edmund L. Olszewski, Pittsburgh, for Mt. Lebanon, appellee.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.

SPAETH, Judge:

This appeal arises from an order dismissing appellants' motion for a new trial in a negligence case.

On October 14, 1976, Molly Brown, age 13, was walking home from school. Behind her were several boys, including John Tinneny and Timothy Labos, who were also walking home from school. (Tinneny and Labos were both 16 years old.) The boys were horseplaying and tossing stones at each other. When one of the stones struck Molly, she increased her...

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