BOGUTZ v. MARGOLIN


392 Pa. 151 (1958)

Bogutz, Appellant, v. Margolin.

Supreme Court of Pennsylvania.

March 24, 1958.


Attorney(s) appearing for the Case

Ronald N. Rutenberg, with him Harry A. Rutenberg and Jules Pearlstine, for appellants.

William B. Koch, with him Duffy, McTighe & McElhone, for appellees.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 24, 1958:

Mr. and Mrs. Bogutz (the appellants) on August 16, 1954, and for approximately five years prior thereto, were tenants under a written lease of apartment No. 612 located in an apartment house in Merion, Pa., owned, operated and maintained by the appellees.

On that day the wife-appellant, while passing through the basement of the apartment house en route to the garage — a usual and customary passageway...

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