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BYERLEY v. ELKINS. (01/16/58)

January 16, 1958

BYERLEY, APPELLANT,
v.
ELKINS.



Appeal, No. 325, Jan. T., 1957, from judgment of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1954, No. 5615, in case of Roy Byerley v. Robert L. Elkins and Benjamin Rosenbaum, doing business as State Paving and Construction Company et al. Judgment affirmed.

COUNSEL

William Bruno, with him John V. McDonald, for appellant.

W. Glenn George, for State Paving and Construction Company, appellee.

Joseph Head, Jr., with him Swartz, Campbell & Henry, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

[ 391 Pa. Page 174]

OPINION PER CURIAM

The lower court refused to remove a non-suit entered against the plaintiff in this action for the reason that he had failed to produce such evidence of the defendants' negligence as would entitle him to submit his claim to a jury. A review of the facts and the applicable law would serve no useful purpose. Since we find no error in the determination made by the lower court the judgment is affirmed.

Mr. Justice MUSMANNO dissents.

Disposition

Judgment affirmed.

19580116

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