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FEGELY v. COSTELLO

417 Pa. 448 (1965)

Fegely, Appellant, v. Costello.

Supreme Court of Pennsylvania.

March 22, 1965.

Attorney(s) appearing for the Case

Elias Magil, with him Martin H. Philip and Richard H. Rauch, for appellant.

Boyd H. Walker, with him Walker & Walker, for appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, March 22, 1965:

At the close of the plaintiff-appellant's case, the court below entered a compulsory nonsuit. The motion to take off the nonsuit was subsequently denied and this appeal followed.

An analysis of the testimony and the applicable law convinces us that the nonsuit was properly entered.

It is well established that the mere happening of an accident, even when a moving...

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