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KRAYNICK v. HERTZ et al.

443 Pa. 105 (1971)

Kraynick v. Hertz et al., Appellants.

Supreme Court of Pennsylvania.

April 22, 1971.

Attorney(s) appearing for the Case

Clayton T. Hyman, with him Coleman and Hyman, for appellants.

Richard F. Stevens, with him Butz, Hudders & Tallman, for appellees.

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

OPINION BY MR. JUSTICE JONES, April 22, 1971:

This is an appeal from an order by the Court of Common Pleas of Lehigh County refusing to open a default judgment entered in a trespass action.

On May 30, 1967, Michael Kraynick, then ten years of age, was riding his bicycle in Allentown when he was struck by a motor vehicle owned by The Gladys Supply Company [Supply Company] and operated by Mortimer Hertz [Hertz] and,...

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