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McINTYRE v. CUSICK

247 Pa.Super. 354 (1977)

372 A.2d 864

Michael Patrick McINTYRE, a minor, by John W. McIntyre, his parent and natural guardian, and John W. McIntyre and Vera McIntyre, in their own right, Appellants, v. Matthew CUSICK, a minor, by his parent and natural guardian, Albert Cusick, Appellee.

Superior Court of Pennsylvania.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Robert S. Grigsby, Pittsburgh, with him Janet N. Valentine, Pittsburgh, for appellants.

Jan C. Swensen, Pittsburgh, with him Scott, Swensen & Scott, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE and VAN der VOORT, JJ.

WATKINS, President Judge:

This is an appeal from a judgment entered on a verdict in favor of the defendant-appellant, Matthew Cusick, a minor; and from the denial of post-trial motions.

The action in trespass arose out of an incident which occurred on November 2, 1970 involving two minor boys who are cousins. The minor plaintiff and the minor defendant at that time were both eleven years of age. On the...

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