Supreme Court of Pennsylvania September 15, 1972, Appeal, No. 287 (Micalizzi v. Darby Borough)

Opinion by

Hoffman, J.,

This is appeal from the order of the court below denying appellant’s motion for summary judgment.

On December 1, 1968, appellee was injured when he lost control of his automobile. Appellee has alleged in the complaint that the accident was caused by negligently maintained trolley tracks which were owned and maintained by appellant.