DWYER v. KELLERMAN


363 Pa. 593 (1950)

Dwyer, Appellant, v. Kellerman.

Supreme Court of Pennsylvania.

January 3, 1950.


Attorney(s) appearing for the Case

Oscar S. Bortner, with him Maximillian J. Klinger, for appellant.

George H. Detweiler, with him Robert A. Detweiler, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, January 3, 1950:

About 9:30 p.m. in early April, the plaintiff, with his dog, emerged from a taproom on East Girard Avenue in Philadelphia. He put the dog on a leash and walked along the north sidewalk of Girard Avenue toward Berks Street. In that locality Girard Avenue is a very wide street and has a double set of street car tracks upon it. On reaching Berks Street, the plaintiff looked east and west on Girard Avenue, saw nothing coming...

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