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LUDWIN v. PATCO

No. 67 T.D. 1985.

102 Pa.Commw. 36 (1986)

517 A.2d 1006

Helene Ludwin, Individually and as Executrix of the Estate of Charles Ludwin, Deceased v. Port Authority Transit Corporation Division of The Delaware River Port Authority City of Philadelphia, and Southeastern Pennsylvania Transportation Authority. Appeal of: Port Authority Transit Corporation Division of The Delaware River Port Authority, Appellant.

Commonwealth Court of Pennsylvania.

November 7, 1986.

Attorney(s) appearing for the Case

Marguerite J. Ayres, with her, Gary L. Azorsky, Mesirov, Gelman, Jaffe, Cramer & Jamieson, for appellant.

Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, with her, Gary Howard Kaplan, Chief Assistant City Solicitor, Ralph J. Luongo, Assistant City Solicitor, and Handsel B. Minyard, City Solicitor, for appellee.

Argued June 11, 1986, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, BARRY and COLINS.

OPINION BY JUDGE MacPHAIL, November 7, 1986:

The Port Authority Transit Corporation (PATCO) appeals here from an order of the Court of Common Pleas of Philadelphia County which granted the Motion for Judgment on the Pleadings of the City of Philadelphia (City). We reverse and remand.

Helene Ludwin initiated this action against the City, PATCO and the Southeastern Pennsylvania Transportation Authority (SEPTA) claiming that on the evening of December 13, 1982...

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