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BERK v. LeQUIN

412 Pa. 88 (1963)

Berk, Appellant, v. LeQuin.

Supreme Court of Pennsylvania.

October 9, 1963.

Attorney(s) appearing for the Case

Milford J. Meyer, with him Meyer, Lasch, Hankin & Poul, for appellants.

James J. McEldrew, with him Elston C. Cole, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, October 9, 1963:

Todd Berk, two and a half years of age, decided around noontime on November 22, 1957, to take a walk by himself. He entered upon Andrews Avenue (Philadelphia), heading westwardly. When he got to Ogontz Avenue, which intersects Andrews, he stopped, since Ogontz Avenue is a wide thoroughfare, accommodating two street car tracks and space for double lane automobile traffic on either side of the car tracks. He watched...

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