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HOLMES, et al. v. WATERS

235 Pa.Super. 180 (1975)

Holmes et al. v. Waters, Appellant.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

Barry J. Goldstein, with him Malcolm M. Waldron, Jr., for appellant.

Ralph Schwartz, with him Schwartz and Cohen, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION BY PRICE, J., June 24, 1975:

This case reaches us as an appeal by the defendant-appellant, James Waters, Jr., from an order awarding plaintiff-appellee, Natalie Simmons, a new trial limited to the issue of damages. The facts of the case are as follows:

On a sunny day in June, 1965, Peggy Holmes (at that time aged 12) and her step-sister, the appellee (at that time aged 6), were playing ball in...

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