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FRICK v. MCCLELLAND. (04/16/56)

April 16, 1956

FRICK, APPELLANT,
v.
MCCLELLAND.



Appeal, No. 45, March T., 1956, from order of Court of Common Pleas of Allegheny County, July T., 1953, No. 2385, in case of Irene Frick v. William D. McClelland, D.D.S., L. M. Smith, M.D., H. Samson, Inc. and George W. Olah, M.D. Order affirmed; reargument refused June 5, 1956.

COUNSEL

Louis C. Glasso, with him Walter S. Feeney, for appellant.

Ruggero J. Aldisert, with him Aldisert & King, for appellee.

T. D. Thomson, with him Bruce R. Martin and Pringle, Bredin & Martin, for appellee.

Oscar G. Peterson, with him Mortimer B. Lesher, for appellee.

H. A. Robinson, with him Dickie, McCamey, Chilcote, Reif & Robinson, for appellee.

Before Stern, C.j., Jones, Bell, Musmanno and Arnold, JJ.

[ 384 Pa. Page 598]

OPINION PER CURIAM

The order of the Court below is affirmed on excerpts from the Opinion by Judge ALPERN:

"The plaintiff, Irene Frick, is the widow of William G. Grick. Her complaint alleges that on June 23, 1947, her husband, while in pursuit of his duties as custodian of Peadbody High School of the School District of Pittsburgh, 'struck his head on a projecting metal lock at said school'. He 'suffered,' she avers, 'a laceration of the forehead,' was treated by a fellow employe and continued to perform his tasks until the end of his working day. He returned to his home, spent a normal evening at home with his wife, retired for the night.

"The next morning at about five o'clock, the plaintiff tried to awaken her husband. Being unable to do so, she called defendant Dr. George W. Olah, a physician, duly licensed to practice in this commonwealth. Doctor Olah Examined the deceased, and, after being told by the plaintiff of the accident, attributed the death to cerebral hemorrhage. Doctor Olah reported the sudden death to Coroner McClelland, who ordered an autopsy. This autopsy was performed June 24, 1947. The body was removed from the Samon mortuary for this

[ 384 Pa. Page 599]

    purpose, plaintiff having given her permission to said mortuary to ...


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