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TOPPER v. C.W. GOOD, INC.

88 Pa. D. & C. 189 (1954)

Topper v. C.W. Good, Inc.

Common Pleas Court of Lancaster County, Pennsylvania.

March 19, 1954.

Attorney(s) appearing for the Case

Windolph & Johnstone, for petitioners.

Paul A. Mueller and Charles W. Wolf, contra.

WISSLER, J., March 19, 1954.

This is an action in trespass to recover damages for the wrongful death of plaintiff's husband, Philip B. Topper, under the Act of April 15, 1851, P.L. 669, as amended, and the Fiduciaries Act of April 18, 1949, P.L. 512, as amended, as a result of defendant's placing in and upon a public highway an obstruction of such a nature as to endanger persons lawfully using that highway. Defendant petitioned the court under Pa. R.C.P. 4007(a...

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