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MARTIN v. PITTSBURGH

197 Pa.Super. 1 (1961)

Martin v. Pittsburgh, Appellant.

Superior Court of Pennsylvania.

December 14, 1961.

Attorney(s) appearing for the Case

Marcus Aaron, II, Assistant City Solicitor, with him David W. Craig, City Solicitor, for City of Pittsburgh, appellant.

Stanley W. Greenfield, with him George S. Goldstein, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY FLOOD, J., December 14, 1961:

The defendant has appealed from the court's refusal of its motion for judgment n.o.v. following a verdict for the plaintiffs in a suit arising out of a fall upon the crosswalk of an alley in the City of Pittsburgh. The wife-plaintiff testified that she fell when her foot went into a hole about two feet long, six inches wide and three to four inches deep. No question of contributory negligence is raised on this appeal. Mrs....

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