Dolan v. Linton's Lunch

397 Pa. 114 (1959)

Dolan, Appellant,

v.

Linton's Lunch.

Supreme Court of Pennsylvania.

Argued January 5, 1959.

July 2, 1959.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

Irwin Paul, for appellant.

Paul H. Ferguson, with him James F. Malone, for appellee.

OPINION BY MR. JUSTICE McBRIDE, July 2, 1959:

This is an appeal from an order sustaining defendant's preliminary objections in the nature of a demurrer to plaintiff's complaint in trespass.

Plaintiff, Dolan, averred that while he was lawfully on the premises of defendant, Linton's Lunch, pursuing his duties as its employee, one…