MATTHEWS v. PITTSBURGH.


394 Pa. 180 (1958)

Matthews, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

November 25, 1958.


Attorney(s) appearing for the Case

Paul J. McArdle, with him James P. McArdle, and Frank J. Kernan, for plaintiff, appellant.

Joseph F. Weis, Jr., with him Russell J. Butler, Jr., and Weis & Weis, for additional defendants, appellees.

Thomas E. Barton, Assistant City Solicitor, with him J. Frank McKenna, Jr., City Solicitor, for defendant, City of Pittsburgh, appellee.

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


OPINION BY MR. JUSTICE MUSMANNO, November 25, 1958:

On February 14, 1948, John William Matthews fell through a cellar door which formed part of the sidewalk in front of the premises at 5137 Penn Avenue, in Pittsburgh. He brought a suit in trespass against the City of Pittsburgh charging it with negligence in failing properly to inspect the premises and to correct an obviously dangerous condition, averring that the offending...

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