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JOHNSTON v. DICK

401 Pa. 637 (1960)

Johnston, Appellant, v. Dick.

Supreme Court of Pennsylvania.

December 1, 1960.

Attorney(s) appearing for the Case

Dennis C. Harrington, with him Gene K. Lynch, and McArdle, Harrington & McLaughlin, for appellant.

John S. Fisher and George M. Weis, with them William M. Ruddock, and Fisher, Ruddock & Simpson, and Weis & Weis, for appellees.

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

OPINION BY MR. JUSTICE BOK, December 1, 1960:

The jury found both defendant and additional defendant negligent and gave plaintiff a reasonable verdict for his burns. The court below granted judgment n.o.v. and plaintiff has appealed.

To complete the procedural posture of the case, plaintiff brought his suit one day before the Statute of Limitations expired, and service was made on the defendant after its expiration. Defendant promptly moved to bring in the...

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