July 1, 1964
Appeal, No. 237, Jan. T., 1964, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1957, No. 2510, in case of Anthony Brocco v. Charles Ochroch and Albert Ochroch, trading as Ochroch Transportation Company. Judgment affirmed.
Louis Samuel Fine, with him Fine, Staud and Silverman, for appellant.
Ronald H. Sherr, with him Howard R. Detweiler, for appellees.
Before Bell, C.j., Jones, Cohen, Eagen, O'brien and Roberts, JJ.
Opinion PER CURIAM
In an action of trespass, appellant won a substantial jury verdict against appellees. Appellee's motion for judgment n.o.v. was granted, thereby giving rise to this appeal. We have carefully examined the record and the contentions of the parties, and come to the inescapable conclusion that the court below properly decided that appellees were not negligent. It is, therefore, not necessary to consider the problem of contributory negligence, assumption of risk or testing a known danger. Nor is there any necessity to determine the question of whether appellant's claim is barred by the statute of limitations.
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