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LACARIA v. HETZEL

373 Pa. 309 (1953)

Lacaria, Admr., Appellant, v. Hetzel.

Supreme Court of Pennsylvania.

April 13, 1953.

Attorney(s) appearing for the Case

Harry Alan Sherman, with him David Weiss, for appellant.

Robert W. Smith, with him Smith, Best & Horn, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, April 13, 1953:

As the ground of decision in this case we quote once more the statement of the late Chief Justice MAXEY in Caulton v. Eyre & Co. Inc., 330 Pa. 385, 388, 389, 199 A. 136, 138, as follows: "Backing a motor vehicle any distance unless the driver is absolutely certain there is no person in his pathway involves a risk, as countless accidents on sidewalks and elsewhere resulting from that practice attest...

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