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FAMILIARI v. LANCASTER CITY

442 Pa. 535 (1971)

Familiari, Appellant, v. Lancaster City.

Supreme Court of Pennsylvania.

May 13, 1971.

Attorney(s) appearing for the Case

James P. Coho, for appellant.

S.R. Zimmerman, III, with him Geisenberger, Zimmerman, Pfannebecker & Gibbel, for appellee.

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

OPINION PER CURIAM, May 13, 1971:

Order affirmed. See Ily v. North Versailles Township, 416 Pa. 103, 204 A.2d 253 (1964).

Mr. Justice COHEN took no part in the decision of this case.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

I dissent, believing appellant was entitled to have a jury pass on whether the City of Lancaster was negligent in permitting the ice and snow to accumulate for at least a two week...

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