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HAMITER ET AL. v. CONRAIL ET AL.

No. 29 T.D. 1985.

98 Pa.Commw. 254 (1986)

510 A.2d 1284

Yahan Hamiter, a minor by his parents and natural guardians, Rose Hamiter and Lafayette Hamiter, in their own right, Appellants v. Consolidated Rail Corporation and City of Philadelphia and SEPTA, Appellees.

Commonwealth Court of Pennsylvania.

June 19, 1986.

Attorney(s) appearing for the Case

John R. Padova, Solo & Padova, for appellants.

Armando A. Pandola, Jr., Chief Deputy in Charge of Claims, with him, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, and Barbara W. Mather, City Solicitor, for appellees.

Argued April 8, 1986, before Judges ROGERS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE ROGERS, June 19, 1986:

The parents of Yahan Hamiter, a minor, have sued the City of Philadelphia (city) and others for themselves and in behalf of their son (appellants) in trespass for personal injuries sustained when a train ran over their son's leg. They appeal from an order of Judge ALFRED J. DIBONA, JR., of the Court of Common Pleas of Philadelphia County which granted the city's motion for summary judgment based on the immunity conferred by...

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