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McKINNEY v. FOSTER

391 Pa. 221 (1958)

McKinney, Appellant, v. Foster.

Supreme Court of Pennsylvania.

January 8, 1958.

Attorney(s) appearing for the Case

Willis A. MacDonald, for appellant.

John L. Wilson, for Paul J. Besnecker, appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, January 8, 1958:

This trespass action was brought by the administrator of the Estate of Charles C. McKinney, III against James W. Foster, the 19 year old operator of an automobile that crossed over the opposite lane of a highway striking and fatally injuring McKinney who was walking along the berm, and against Paul J. Besnecker, the proprietor of a restaurant at which Foster had been served beer on the evening of the accident. The jury...

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