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HUMPHRIES v. PITTS. & LAKE ERIE R. CO.

328 Pa.Super. 119 (1984)

476 A.2d 919

Howard H. HUMPHRIES v. PITTSBURGH AND LAKE ERIE RAILROAD COMPANY, Consolidated Rail Corporation and the Baltimore & Ohio Railroad Company. Appeal of PITTSBURGH & LAKE ERIE RAILROAD COMPANY.

Supreme Court of Pennsylvania.

Filed April 27, 1984.

Reargument Denied July 6, 1984.

Petition for Allowance of Appeal Denied January 7, 1985.

Attorney(s) appearing for the Case

Alan M. Shapiro, Pittsburgh, for appellant.

John P. Gismondi, Pittsburgh, for appellee.

David P. Helwig, Pittsburgh, for Consolidated, participating party.

Before WIEAND, TAMILIA and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal from the Judgment of the Court of Common Pleas of Allegheny County, entered following an en banc Order denying appellant's (Pittsburgh & Lake Erie Railroad Co.'s) motion for judgment non obstante veredicto. Pa.R.App.P. 301(a). We affirm in a case of first impression.

On October 6, 1978, plaintiff-appellee (Howard H. Humphries) filed a complaint in trespass alleging, in relevant part, that:

THIRD:

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