O'DONNELL v. BACHELOR


429 Pa. 498 (1968)

O'Donnell, Appellant, v. Bachelor.

Supreme Court of Pennsylvania.

April 16, 1968.


Attorney(s) appearing for the Case

Henry T. Reath, with him Duane, Morris & Heckscher, for appellant.

E. William Heuser, with him Jonathan H. DeYoung, and Torak and DeYoung, for appellee.

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


OPINION BY MR. JUSTICE MUSMANNO, April 16, 1968:

On the night of January 9, 1965, Eugene F. O'Donnell, and his wife, in an understandable desire to satisfy a yearning for pizza, drove from their home in Merion to Lower Merion Township, to obtain a pizza at Mama's Pizzeria located on Belmont Avenue. He parked his car in an empty lot on the south side of the highway and crossed over the road to make his purchase. Then, with...

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