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MILLER v. DUNCAN

420 Pa. 249 (1966)

Miller v. Duncan, Appellant.

Supreme Court of Pennsylvania.

January 17, 1966.

Attorney(s) appearing for the Case

B. Patrick Costello, with him John M. O'Connell, Jr., and Smith, Best and Horn, for appellant.

Louis J. Kober, with him Charles Skomski, for appellees.

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

OPINION BY MR. CHIEF JUSTICE BELL, January 17, 1966:

Duncan, the appellant and original defendant, was pushing with his own car the stalled* automobile of Hough (his father-in-law). He pushed Hough's car with Hough at its wheel, slowly about 125 feet to the top of a slight grade in order to enable Hough to start it — pushing a stalled car is frequently done by well-intentioned motorists. At the top of the incline, Duncan stopped...

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