BRESKIN v. 535 FIFTH AVENUE


381 Pa. 461 (1955)

Breskin, Appellant, v. 535 Fifth Avenue.

Supreme Court of Pennsylvania.

April 21, 1955.


Attorney(s) appearing for the Case

Hubert Teitelbaum, with him Goldstock, Schwartz, Teitelbaum & Schwartz, for appellants.

Ernest C. Reif, with him David B. Fawcett, Jr. and Dickie, McCamey, Chilcote, Reif & Robinson, for defendant, appellee.

John R. Dierst, Jr., for additional defendants, appellees.

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


OPINION BY MR. JUSTICE ARNOLD, April 21, 1955:

In this action of trespass for personal injuries, sustained by wife-plaintiff by falling upon a sidewalk on Fifth Avenue in the City of Pittsburgh, the plaintiffs appeal from the refusal of their motion (1) for removal of compulsory nonsuit as to additional defendants and (2) for new trial as to the original defendant. The trial court granted original defendant's motion for binding instructions to the jury on the basis...

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