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PHERO v. CITY OF PHILADELPHIA

Civ. A. No. 27587.

197 F.Supp. 736 (1961)

Leonard PHERO and Letitia Phero, Plaintiffs, v. CITY OF PHILADELPHIA and General Asphalt Paving Company and Union Paving Company, Defendants. GENERAL ASPHALT PAVING COMPANY OF PHILADELPHIA, Third-Party Plaintiff v. Leonard PHERO, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

May 8, 1961.

Attorney(s) appearing for the Case

Howard R. Detweiler, Philadelphia, Pa., for Phero.

Richard Masterson, City Sol., Philadelphia, Pa., for City of Philadelphia.

WELSH, Senior District Judge.

On May 8, 1958, an automobile, which was being operated by Leonard Phero, struck a manhole, which was protruding above the surface of Thirteenth Street at its intersection with Race Street, in Philadelphia, Pennsylvania.

This action by Leonard Phero and the wife-plaintiff, a passenger in the automobile, to recover damages arising from said accident was brought against the City of Philadelphia (the party statutorily charged with...

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