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TRONCATTI v. SMERECZNIAK

428 Pa. 7 (1967)

Troncatti, Appellant, v. Smereczniak.

Supreme Court of Pennsylvania.

November 28, 1967.

Attorney(s) appearing for the Case

Paul A. Simmons, with him John W. McIlvaine, and Tempest & Simmons, for appellant.

G.H. Weaver, with him Lisle A. Zehner and August L. Sismondo, for appellees.

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

OPINION BY MR. JUSTICE EAGEN, November 28, 1967:

The plaintiff, Vincent P. Troncatti, while working as a flagman on the highway for the Pennsylvania Department of Highways, was struck and injured by an automobile operated by the defendant. He sued for damages and at trial the jury awarded him $9,846.94. The defendant filed motions for judgment notwithstanding the verdict or for a new trial. In support of the last mentioned motion, the following reasons were assigned...

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