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SCHWOERER v. PHILADELPHIA et al.

167 Pa.Super. 356 (1950)

Schwoerer v. Philadelphia et al., Appellants.

Superior Court of Pennsylvania.

July 20, 1950.

Attorney(s) appearing for the Case

William K. Ravetz, with him James Francis Ryan, Assistant City Solicitors and Frank F. Truscott, City Solicitor, for City of Philadelphia, appellant.

Richard A. Smith, for Emiddio Leva, appellant.

W. Glenn George, for Edward P. Biggans, Jr., appellee.

James H. Lyons, with him Michael A. Foley, for Richard C. Schwoerer, Jr., appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.

OPINION BY ARNOLD, J., July 20, 1950:

Plaintiff sued the City of Philadelphia for damages sustained when he drove his car into an unprotected ditch extending across his side of the cartway of a public street. The city brought in as an additional defendant (1) Emiddio Leva,1 who dug and maintained the ditch, and also (2) Edward P. Biggans, Jr., a plumber to whom the city had issued a permit to break the street. The jury rendered a verdict...

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