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SHANER v. SMITH

367 Pa. 421 (1951)

Shaner v. Smith, Appellant.

Supreme Court of Pennsylvania.

May 21, 1951.

Attorney(s) appearing for the Case

Victor J. Roberts, with him High, Swartz, Flynn & Roberts, for appellant.

S. Walter Foulkrod, Jr. and Frank R. Ambler, with them Duffy, McTighe and McElhone and Desmond J. McTighe, for appellee (Appeal No. 88).

Nicholas H. Larzelere, for appellee (Appeal No. 89).

Before STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 21, 1951:

The two appeals are from two judgments in actions of trespass which arose from the same automobile accident. An automobile owned and operated by John W. Smith and a tractor-trailer owned by Leroy M. Shaner collided. One suit is by W. Marshall Anders and his wife against Smith and Shaner to recover for damage done to their dwelling. The other suit is brought by Shaner, the owner of a tractor-trailer, against Smith...

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