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STARNER v. WIRTH

440 Pa. 177 (1970)

Starner v. Wirth, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

G. Thoms Miller, with him F. Murray Bryan, and McNees, Wallace & Nurick, for appellant.

David F. Binder, with him Richter, Syken, Ross, Binder & O'Neill, for appellee.

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

OPINION BY MR. JUSTICE JONES, October 9, 1970:

This is an appeal from an order of the Court of Common Pleas of Adams County granting a motion for new trial in a trespass action.

As a result of a one-car collision, plaintiff Starner [appellee] sustained personal injuries while a passenger in a vehicle owned and operated by defendant Wirth [appellant.] These injuries were allegedly due to the negligent operation of the automobile on an unpaved township road...

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