June 30, 1960
Appeal, No. 71, March T., 1960, from order of Court of Common Pleas of Allegheny County, Jan. T., 1958, No. 2691, in case of Walter L. Pacewicz et ux. v. Clyde E. Young. Order affirmed. Trespass for personal injuries. Defendant's preliminary objections to second count of complaint sustained and order entered, opinion by MARSHALL, J. Plaintiff appealed.
Nicholas P. Papadakos, with him J. Paul Farrell, for appellant.
J. Lawrence McBride, with him Dickie, McCamey, Chilcote & Robinson, for appellee.
Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.
[ 401 Pa. Page 191]
OPINION BY MR. JUSTICE EAGEN
The sole legal question raised by this appeal is discussed at length and decided in the case of Neuberg v. Bobowicz, 401 Pa. 146, 162 A.2d 662.
The order of the court below, sustaining appellee's preliminary objections to the second count of appellant's complaint, is accordingly affirmed.
[ 401 Pa. Page 192]
DISSENTING OPINION BY MR. JUSTICE MUSMANNO:
I dissent from the decision of the Court in this case for the reasons set out at length in my Dissenting Opinion in the case of Neuberg v. Bobowicz, filed today, and reported in 401 Pa. 146, 162 A.2d 662.
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