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VARDZEL v. DRAVO CORPORATION

402 Pa. 19 (1960)

Vardzel, Appellant, v. Dravo Corporation, Appellant.

Supreme Court of Pennsylvania.

December 1, 1960.

Attorney(s) appearing for the Case

P.J. McArdle, with him Frank J. Kernan, for plaintiff.

Hamilton A. Robinson, with him Dickie, McCamey, Chilcote & Robinson for defendant.

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

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

This is the case of a man falling into a ditch and suffering rather severe injuries. The jury gave him $55,000, and the court below refused defendant's motion for judgment n.o.v. but ordered a new trial unless plaintiff should remit $35,000 of the verdict. Both sides appealed.

The questions are whether the Workmen's Compensation Act applies; whether the defendant was negligent...

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