GAITO v. PITTSBURGH


390 Pa. 409 (1957)

Gaito, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

November 11, 1957.


Attorney(s) appearing for the Case

Hymen Schlesinger, for appellant.

Thomas E. Barton, Assistant City Solicitor, with him Louis Dadowski, Jr., Assistant City Solicitor, J. Frank McKenna, Jr., City Solicitor, and Maurice B. Wechsler, for appellees.

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


OPINION BY MR. JUSTICE MUSMANNO, November 11, 1957:

On February 5, 1951, Mrs. Ella M. Gaito, who lived at 1313 Boyle Street in the City of Pittsburgh, fell on the sidewalk in front of 1311 Boyle Street, next door. She averred that her fall was due to accumulated ridges of ice and snow on the sidewalk. She sued the City of Pittsburgh which brought in the property owner, Walter Eyerman, as an additional defendant. At the ensuing trial the jury returned a verdict for...

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