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NIKLAS v. ZARNICK

411 Pa. 205 (1963)

Niklas v. Zarnick, Appellant.

Supreme Court of Pennsylvania.

June 4, 1963.

Attorney(s) appearing for the Case

R.T. Mutzabaugh, with him Mutzabaugh & Mutzabaugh, for appellant.

Philip F. Jacobus, for appellee.

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

OPINION BY MR. JUSTICE COHEN, June 4, 1963:

This is an appeal from the order of the court below granting a new trial in a trespass action involving plaintiff-appellee, Joseph Niklas, and defendant-appellant, Edward Zarnick.

The evidence discloses that about 6:00 p.m., on February 3, 1961, appellee's truck became immobilized at the foot of a hill during the course of an unusually heavy snowstorm. Near the point where...

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