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HILBERT v. ROTH

395 Pa. 270 (1959)

Hilbert, Appellant, v. Roth.

Supreme Court of Pennsylvania.

March 20, 1959.

Attorney(s) appearing for the Case

Jack E. Feinberg, with him Martin H. Philip and George M. Berg, for appellant.

David E. Mellenberg, with him Walker & Walker, for appellee.

Before JONES, C.J., MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. JUSTICE McBRIDE, March 20, 1959:

Plaintiff, Richard P. Hilbert, was injured when his automobile was struck by another car driven by Dale Rutz, who died as a result of the accident. At the time of the accident Rutz was unlawfully racing with the defendant Frederick Roth. Plaintiff sued the Rutz Estate for compensatory damages and Roth for both compensatory and punitive damages. The two cases were consolidated for trial. During the joint trial the trial...

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