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STOVER ET AL. v. FIVE WAY SERVICE CENTER (12/13/71)

decided: December 13, 1971.

STOVER ET AL., APPELLANTS,
v.
FIVE WAY SERVICE CENTER



Appeal from order of Court of Common Pleas of Clinton County, June T., 1966, No. 215, in case of Kerry E. Stover, a minor, by his parents and natural guardians, Beatrice Stover and Earl Stover, in their own right, v. Five Way Service Center.

COUNSEL

James E. McLaughlin, with him William R. Caroselli, and McArdle, McLaughlin, Paletta & McVay, for appellants.

Daniel F. Knittle, with him Greevy, Knittle & Mitchell, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Cercone, J.

Author: Per Curiam

[ 220 Pa. Super. Page 336]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Cercone, J.:

This is an appeal from the grant of a new trial to defendant in a trespass action after the jury returned a verdict in favor of the plaintiff.

The facts as placed in evidence by the plaintiff are as follows:

On July 26, 1965, the plaintiffs' vehicle had the front brakes relined and installed at the defendant Five Way Service Center. During the next twelve days the car had ...


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