ROCKEY v. ERNEST


367 Pa. 538 (1951)

Rockey, Appellant, v. Ernest.

Supreme Court of Pennsylvania.

May 21, 1951.


Attorney(s) appearing for the Case

William W. Litke, with him Fleming & Litke, for appellant.

Carl Rice, with him Musser W. Gettig, for appellees.

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


OPINION BY MR. JUSTICE BELL, May 21, 1951:

The narrow question involved in this case is whether the charge of the court was inadequate, and if so, did it amount to basic and fundamental error.

Anna M. Rockey, administratrix of the estate of John B. Rockey, brought a suit in trespass to recover damages for the death of her husband. The defendants are William Ernest, who was the operator of the bulldozer, and the Susquehanna Paving Materials Co., which was Ernest...

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