SOLINSKY v. WILKES-BARRE


375 Pa. 87 (1953)

Solinsky, Appellant, v. Wilkes-Barre.

Supreme Court of Pennsylvania.

Reargued April 16, 1953.

October 15, 1953.


Attorney(s) appearing for the Case

Roy B. Pope, with him Ralph J. Johnston and Johnston & Pope, for appellants.

J. Thirwall Griffith, with him Howard E. Kennedy, for appellee.

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


OPINION BY MR. JUSTICE ALLEN M. STEARNE, October 15, 1953:

Plaintiffs instituted this action of trespass for damages for injury to the wife-plaintiff, resulting from a fall on an unlighted portion of a street in defendant-city at about 11:30 P.M. on December 24, 1948. The court below entered a compulsory nonsuit which it refused to take off. Plaintiffs appealed.

Viewing the testimony, as we must, in a light most favorable to the plaintiffs, and giving them...

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