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MASTROCINQUE v. McCANN et al.

385 Pa. 33 (1956)

Mastrocinque v. McCann (et al., Appellant).

Supreme Court of Pennsylvania.

April 16, 1956.

Attorney(s) appearing for the Case

Joseph F. Weis, with him Fred B. Trescher, Christ C. Walthour, Jr., Weis & Weis, and Kunkle & Trescher, for appellant.

Abraham Fishkin, with him Andrew Romito and Frank Reich, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, April 16, 1956:

The administratrix of decedent Mastrocinque instituted this action of trespass, under the Survival and Wrongful Death Acts, against defendant McCann, who joined Early as additional defendant. The jury returned a verdict against both defendants, making special findings that the negligence of neither was the sole proximate cause, but that the negligence of both concurred in causing the injuries and death, and that decedent...

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