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SMITH v. CHARDAK

291 Pa.Super. 173 (1981)

435 A.2d 624

Margaret SMITH, Appellant, v. Burton CHARDAK and Sherre Chardak.

Superior Court of Pennsylvania.

Filed October 2, 1981.

Attorney(s) appearing for the Case

Michael G. Trachtman, Norristown, for appellant.

Gilbert P. High, Jr., Norristown, for appellees.

Before HESTER, DiSALLE and POPOVICH, JJ.

POPOVICH, Judge:

This action of trespass arises out of injuries suffered by Margaret Smith, appellant, when struck by the vehicle driven by Sherre Chardak, appellee. The jury returned a verdict for the appellee.1 Appellant's motion for a new trial was denied and she filed this appeal arguing solely that the court's charge to the jury was in error. We agree and order a new trial.

Where the accuracy of a charge is in issue, an appellate...

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