Dilliplaine v. Lehigh Valley Trust Co.

223 Pa. Superior Ct. 245 (1972)

Dilliplaine, Appellant,

v.

Lehigh Valley Trust Company.

Superior Court of Pennsylvania.

Argued September 11, 1972.

November 28, 1972.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

Edward N. Cahn, for appellant.

Richard F. Stevens, with him Butz, Hudders & Tallman, for appellee.

OPINION PER CURIAM, November 28, 1972:

Order affirmed.

CONCURRING OPINION BY HOFFMAN, J.:

Appellant contends that the trial judge erred in instructing the jury that the decedent was presumed to have exercised due care at the time that the accident occurred.

This…