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TOENGES v. SCHLEIHAUF

368 Pa. 247 (1951)

Toenges, Appellant, v. Schleihauf, Appellant.

Supreme Court of Pennsylvania.

Reargued May 22, 1951.

June 27, 1951.

Attorney(s) appearing for the Case

John E. Evans, Sr., with him Evans, Ivory & Evans, for plaintiff.

Sanford M. Chilcote, with him Dickie, Robinson & McCamey, for defendant.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE HORACE STERN, June 27, 1951:

As the court below correctly decided, the contributory negligence of the decedent bars the right of the executor of her estate to recover damages in this action because of her death.

As far as defendant's negligence is concerned the testimony clearly revealed it and it was factually established by the verdict of the jury. At about four o'clock in the afternoon of...

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