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STUMP v. FOLLMER TRUCKING COMPANY

Appeal, No. 788 C.D. 1971.

4 Pa.Commw. 110 (1972)

Stump v. Follmer Trucking Company.

Commonwealth Court of Pennsylvania.

January 6, 1972.

Attorney(s) appearing for the Case

E.C. Marianelli, for appellant.

Donald A. Lewis, for appellee.

Argued December 8, 1971, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, January 6, 1972:

In the early morning hours of September 5, 1962, a tractor-trailer truck owned by Follmer Trucking Company, being driven east on Route 61 in the Borough of Frackville, Pennsylvania by their employee, David A. Stump, struck a tree limb overhanging the street. David A. Stump stopped the truck about 120 feet from the tree and turned on the truck's flasher lights. He then proceeded to the rear of his truck holding a two-cell flashlight...

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