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BENNER v. WEAVER

394 Pa. 503 (1959)

Benner v. Weaver, Appellant.

Supreme Court of Pennsylvania.

January 12, 1959

Attorney(s) appearing for the Case

William S. Bailey, with him Samuel Gubin, Horace W. Vought, and Bailey & Rupp, for appellant.

Robert McK. Glass, with him Richard Henry Klein, Leonard R. Apfelbaum, and Harry L. Wilcox, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE MUSMANNO, January 12, 1959:

George J. Benner was killed when a tractor-trailer which he was operating for his employer, Hall's Motor Transit Company, collided with a truck owned and operated by George E. Weaver. Mae M. Benner, administratrix of his estate, filed an action in trespass against Weaver under the Wrongful Death Act and the Survival Act. Weaver, in turn, entered a suit against Hall's Motor Transit Company for damages sustained by...

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