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ASHBROOK v. KOWALICK

Civ. A. No. 41867.

332 F.Supp. 78 (1971)

Glindon ASHBROOK, Plaintiff, v. Carl D. KOWALICK, Defendant, and Volkswagen Insurance Company, Garnishee.

United States District Court, E. D. Pennsylvania.

September 27, 1971.

Attorney(s) appearing for the Case

Stephen M. Feldman, Feldman & Feldman, Philadelphia, Pa., for plaintiff.

John J. Connors, Jr., Emas, Cohen & Connors, Philadelphia, Pa., for defendant.

OPINION AND ORDER

FULLAM, District Judge.

Plaintiff was a passenger in an automobile which left the road and struck a bridge abutment. The defendant's answer admitted negligence on the part of the driver; the only defense pleaded was assumption of risk on the part of the plaintiff.

Plaintiff moved for summary judgment on the issue of liability. This was at first denied, because the record was incomplete...

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