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MCCANDLESS v. L. G. DE FELICE & SON

September 26, 1956

William McCANDLESS, Plaintiff,
v.
L. G. DE FELICE & SON, Inc., Defendant



The opinion of the court was delivered by: GOURLEY

In this action based on negligence, plaintiff had run his motorcycle into a paver on an unopened portion of the Pennsylvania Turnpike.

 In answer to specific interrogatories, the jury found as follows:

 'Was the plaintiff guilty of contributory negligence which contributed in any degree to the happening of the accident?

 'Answer: Yes x No

 'Was the plaintiff, William McCandless, a gratuitous licensee on the unopened Turnpike?

 'Answer: Yes x No

 'Was the plaintiff a trespasser on the unopened Turnpike?

 'Answer: Yes No x

 'Was the defendant guilty of wilful and wanton negligence which was the proximate cause of the accident?

 'Answer: Yes No x

 'Was the defendant guilty of active negligence which was the proximate cause of the accident?

 'Answer: Yes x No

 'What damages did the plaintiff sustain without any consideration of negligence or ...


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