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HORNAK v. PGH. RWYS. CO. et al.

433 Pa. 169 (1969)

Hornak v. Pittsburgh Railways Company et al., Appellants.

Supreme Court of Pennsylvania.

January 15, 1969.

Attorney(s) appearing for the Case

Leo Daniels, with him Prichard, Lawler & Geltz, for railways company, appellant.

Harry W. Miller, with him Royston, Robb, Leonard, Edgecombe, Miller & Shorall, for Merante, appellant.

Leo P. Hajdukiewicz, with him Samuel R. Sciullo, for Merante, appellee.

P.J. McArdle, with him Frank J. Kernan, for Shipleys, appellees.

Clem R. Kyle, with him Michael B. Kaleugher, for Joanne Hornak, appellee.

Eric G. Koskoff, with him Evans, Ivory & Evans, for Martin E. Hornak and Joanne Hornak, appellees.

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

OPINION BY MR. JUSTICE EAGEN, January 15, 1969:

On December 21, 1962, three motor vehicles figured in an accident in the Schenley Park area of the City of Pittsburgh. An automobile operated by Joanne Hornak (Hornak) in which automobile Erma Shipley was a passenger, collided with a bus of the Pittsburgh Railways Company (Railways). At the time of the collision both vehicles were traveling in the opposite direction on a four lane, slush covered, slippery highway; the...

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