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SHUMAN v. NOLFI

399 Pa. 211 (1960)

Shuman, Appellant, v. Nolfi.

Supreme Court of Pennsylvania.

April 18, 1960.

Attorney(s) appearing for the Case

Leonard J. Paletta, with him James B. Ceris, Gene K. Lynch, James P. McArdle, and McArdle, Harrington & McLaughlin, for appellant.

John D. Ray, with him Ray, Good and Hudson, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, April 18, 1960:

This is an appeal from a refusal to remove a compulsory nonsuit.

The evidence must be viewed in a light most favorable to the plaintiff: Dobb v. Stetzler, 369 Pa. 554, 87 A.2d 308 (1952). The record considered in this manner discloses the following facts. The plaintiff on a fair, dry day in September, 1954, was walking across Hopewell...

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