SCHULTZ v. PIVAR


370 Pa. 271 (1952)

Schultz v. Pivar, Appellant.

Supreme Court of Pennsylvania.

April 23, 1952.


Attorney(s) appearing for the Case

Kim Darragh, with him George Y. Meyer, for defendant, Pivar, appellant.

V.J. Rich, with him Margiotti & Casey, for plaintiff, appellee.

Joseph F. Weis, with him Sherriff, Lindsay, Weis & McGinnis, for defendant, Allegheny County Steam Heating Company, appellee.

Anne X. Alpern, City Solicitor and Louis Dadowski, Assistant City Solicitor, for defendant, City of Pittsburgh, appellee.

Before DREW, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE MUSMANNO, April 23, 1952:

On February 27, 1948, John E. Schultz, the plaintiff in this case, stepped on what is the potential ruination of every pedestrian, a sidewalk manhole cover. He plunged into it up to his hips, one leg falling totally within and the other partly out of the hole which opened up by the tilting of the cast iron disc. This happened in front of the Triangle Building at 701 Smithfield...

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