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CITY OF PHILADELPHIA v. MURPHY

No. 898 C.D. 1973.

13 Pa.Commw. 630 (1974)

City of Philadelphia, Appellant, v. Bernard J. Murphy, Appellee.

Commonwealth Court of Pennsylvania.

May 29, 1974.

Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Nicholas Panarella, Jr., Assistant City Solicitor, James M. Penny, Jr., Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

Yale B. Bernstein, with him Stanley Bashman and Bashman, Wertheimer, Kane, Manfredi & Byrne, for appellee.

Argued April 4, 1974, before Judges KRAMER, WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 29, 1974:

On April 2, 1971, Bernard J. Murphy (claimant), a member of the Philadelphia Police Department since 1954, was assisting another officer in subduing a struggling prisoner, when he was allegedly struck on the left side of the head. He continued working, and apparently did not report the incident. The next day, he began to have headaches, and he felt bad enough on April 6, 1971 to see first his family doctor and then a physician...

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