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GRAHAM ET AL. v. PINCKINEY ET AL.

No. 52 T.D. 1988.

125 Pa.Commw. 233 (1989)

557 A.2d 60

Joseph Graham and Angela Graham and Deborah White, Appellants v. E. Pinckiney and Wayne Williams and Milton Williams, Sr., and SEPTA and Commonwealth of Pennsylvania, and Commonwealth of Pennsylvania, Department of Transportation and City of Philadelphia, Appellees.

Commonwealth Court of Pennsylvania.

April 18, 1989.

Attorney(s) appearing for the Case

David C. Novitsky, Allen L. Rothenberg & Associates, for appellants.

Joan A. Zubras, for appellee, Southeastern Pennsylvania Transportation Authority.

Alan C. Ostrow, Assistant City Solicitor, with him, Norma S. Weaver, Chief Deputy in Charge of Claims, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, and Seymour Kurland, City Solicitor, for appellee, City of Philadelphia.

Argued March 10, 1989, before Judges COLINS and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, April 18, 1989:

Joseph Graham, Angela Graham, and Deborah White, (appellants) appeal from an order of the Court of Common Pleas of Philadelphia County sustaining the preliminary objections in the nature of a demurrer of the City of Philadelphia. We vacate and remand.

In a complaint in trespass, appellants allege that they were injured while passengers on a trolley proceeding on Girard Avenue in the City of Philadelphia, when...

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