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SCHULTHEIS v. LEVIN

372 Pa. 513 (1953)

Schultheis v. Levin, Appellant.

Supreme Court of Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

Ralph S. Croskey, with him Croskey & Edwards, for defendant, Fox-Weis Co., appellant.

J.B.H. Carter, for defendant, Jacob Levin, appellant.

Harry A. Takiff, with him William K. Ravetz, Robert V. Bolger, 2nd, and Takiff & Bolger, for appellees.

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

OPINION BY MR. JUSTICE MUSMANNO, February 13, 1953:

On the morning of April 18, 1950, Kathleen Schultheis, close to nine years of age, and her sister Julia (seven years old) and brother (six years old) left their home at 1231 N. Fifth Street, Philadelphia, to go to school on Susquehanna Avenue, west of 13th Street. They arrived at the corner of Cumberland and 13th Street at about 7:40 o'clock. Just at this time a truck (which we will designate the Fox-Weis truck)...

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