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GUNN et al. v. WASHEK

405 Pa. 521 (1961)

Gunn et al., Appellants, v. Washek.

Supreme Court of Pennsylvania.

December 29, 1961.

Attorney(s) appearing for the Case

Hymen Schlesinger, for appellants.

Norman J. Cowie, with him Pringle, Bredin & Martin, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION PER CURIAM, December 29, 1961:

The Court being evenly divided, the judgment is affirmed.

DISSENTING OPINION BY MR. JUSTICE MUSMANNO:

Earnest Gene Gunn, at that time 5 years of age, was injured on May 7, 1957, as the result of negligence attributed to John J. Washek, the defendant here. The parents of the child filed an action in trespass on November 6, 1959. The defendant pleaded the statute of limitations...

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