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Updated: May 8, 2025
This rule, it is true, does not apply where the defendant is guilty of "negligence so wanton and gross as to be evidence of voluntary injury"; Wynn vs. Allord, 5 W. & S. 525; McKnight vs. Ratcliff, 44 Pa. 156. There is, however, nothing in the testimony to indicate that the defendant's motorman did anything wanton.
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