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REINARD v. GENERAL ELECTRIC COMPANY. (01/04/67)

January 4, 1967

REINARD, APPELLANT,
v.
GENERAL ELECTRIC COMPANY.



Appeal, No. 407, Jan. T., 1966, from judgment of Court of Common Pleas of Cumberland County, Feb. T., 1966, No. 39, in case of Janet M. Reinard, executrix and trustee ad litem, v. General Electric Company and Bernard J. Barrett. Judgment affirmed.

COUNSEL

John M. Eakin, for appellant.

George F. Douglas, Jr., with him Sylvia H. Rambo, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Opinion PER CURIAM

Judgment affirmed.

ING OPINION BY MR. JUSTICE ROBERTS:

In this case the Court affirms the action of the trial court in entering a non-suit against the decedent's plaintiff on the theory that the decedent was guilty of contributory negligence as a matter of law. I dissent because the record establishes evidence from which the jury could find that the defendant was negligent and the decedent free from contributory negligence.

Mr. Justice MUSMANNO joins in this dissenting opinion.

19670104

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