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SALKIN v. COMMONWEALTH OF PUERTO RICO

No. 7095.

408 F.2d 682 (1969)

Daniel SALKIN et al., Plaintiffs, Appellants, v. COMMONWEALTH OF PUERTO RICO, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 24, 1969.

Attorney(s) appearing for the Case

Rafael Ramirez de Arellano, Jr., San Juan, P. R., with whom Ciro Malatrasi, Jr., and Manuel Garcia Malatrasi, San Juan, P. R., were on the brief, for appellants.

Peter Ortiz, Asst. Sol. Gen., with whom Rafael A. Rivera Cruz, Sol. Gen., was on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Plaintiffs, citizens of New Jersey, brought this action against the Commonwealth of Puerto Rico for damages sustained from a fall by the female plaintiff upon a public sidewalk in Carolina, Puerto Rico. Claim is predicated upon article 404 of the Political Code of 1902, 3 L.P. R.A. § 422, which states in relevant parts that the Commonwealth "shall be liable for injuries to persons or property occurring through a defect * * * in or upon a...

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