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FELD v. MERRIAM

506 Pa. 383 (1984)

485 A.2d 742

Samuel FELD and Peggy Feld, v. John W. MERRIAM and Thomas Wynne, Inc., Co-Venturers, t/a Cedarbrook Joint Venture, and Globe Security Systems, Inc. Appeal of John W. MERRIAM and Thomas Wynne, Inc., Co-Venturers, t/a Cedarbrook Joint Venture and Cross-Appeal of Samuel Feld and Peggy Feld.

Supreme Court of Pennsylvania.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Marvin Comisky, William H. Roberts, John Rogers Carroll, Philadelphia, for appellant in No. 79 and for appellee in No. 80.

Marshall A. Bernstein, Philadelphia, for appellant in No. 80 and for appellee in No. 79.

Joseph R. Livesey, Philadelphia, for appellee in Nos. 79 and 80.

Before ROBERTS, C.J., and NIX, FLAHERTY, McDERMOTT, HUTCHINSON, and ZAPPALA, JJ.

OPINION1

McDERMOTT, Justice.

Peggy and Samuel Feld were tenants in the large Cedarbrook Apartment complex, consisting of 150 acres and 1,000 apartments housed in three high rise buildings. For an extra rental fee the apartments are serviced by parking garages adjacent to the apartment buildings. On the evening of June 27, 1975, about 9:00 P.M., the Felds, returning from a social engagement...

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