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HON v. BROWN & CO.

380 Pa. 191 (1955)

Hon, Appellant, v. Percy A. Brown and Company.

Supreme Court of Pennsylvania.

January 3, 1955.

Attorney(s) appearing for the Case

Albert H. Aston, with him Thomas C. Moore and Thomas E. Brislin, for appellants.

Robert J. Doran, with him George B. Ritchie and Reynolds, Reynolds & Doran, for appellee.

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

OPINION PER CURIAM, January 3, 1955:

The judgment of the court below refusing to remove a compulsory nonsuit is affirmed on the opinion of Judge APONICK.

DISSENTING OPINION BY MR. JUSTICE MUSMANNO:

On October 27, 1951, Mrs. Mary S. Hon, 68 years of age, entered the business establishment of the defendant which consisted of a serve-yourself market, a restaurant and a cafeteria. She took hold of one of the basket go-carts (which are about 3 1/2 feet...

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