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BENSING ET AL. v. MOORE TRUCKING (10/12/71)

decided: October 12, 1971.

BENSING ET AL.
v.
MOORE TRUCKING, INC. ET AL., APPELLANTS



Appeal from decree of Court of Common Pleas of Northampton County, May T., 1969, No. 2, in case of George G. Bensing and Jean L. Bensing, Edwin P. Faustner and Corrine L. Faustner and David O. Hartz and Caroline A. Hartz v. Moore Trucking, Inc., Charles W. Umstead, Jr., and Harvey Miller.

COUNSEL

Thomas C. Kubelius, with him Robert Ungerleider and Mary Anne Dell'uva, for appellants.

Jackson M. Sigmon, with him Sigmon, Briody, Littner & Ross, for appellees.

Bell, C. J., Jones, Eagen, O'Brien, Pomeroy and Barbieri, JJ. Mr. Justice Roberts took no part in the consideration or decision of this case.

Author: Per Curiam

[ 444 Pa. Page 607]

The decree of the court of common pleas is affirmed. See Altman v. Ryan, 435 Pa. 401, 257 A.2d 583 (1969); Bedminster Township v. Vargo Dragway, Inc., 434 Pa. 100, 253 A.2d 659 (1969); Firth v. Scherzberg, 366 Pa. 443, 77 A.2d 443 (1951); Restatement of Torts, § 822. Costs on appellant.

Disposition

Decree affirmed.

19711012

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