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TOOLE v. MILLER

375 Pa. 509 (1953)

Toole, Appellant, v. Miller.

Supreme Court of Pennsylvania.

November 9, 1953.

Attorney(s) appearing for the Case

J. Thomas Hoffman, with him Charles M. Donley and Charles A. Berghane, for appellant.

Zeno Fritz, for appellee.

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

OPINION BY MR. JUSTICE BELL, November 9, 1953:

Plaintiff brought an action in assumpsit to recover for the value of his aeroplane which had been stored with the defendant and had been destroyed by fire.

Plaintiff's evidence of negligence consisted of the following: "This fire, like all aircraft fires was extremely severe, highly destructive and, of course, was the consequence of an accident. An aircraft is a highly...

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