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NIEMIEC v. ALLEGHENY CO. PORT AUTH.

223 Pa.Super. 435 (1973)

Niemiec v. Allegheny County Port Authority et al., Appellants.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

R. Audrachi, with him Con F. McGregor, and McGregor, Dunn & Holland, for Port Authority of Allegheny County, appellant.

Thomas S. White, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for City of Pittsburgh, appellant.

Raymond Radakovich, with him Alan Frank, for appellee.

Before WRIGHT, P.J., JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ. (WATKINS, J., absent.)

OPINION BY PACKEL, J., March 27, 1973:

The appellee disregarded a posted notice, "Bridge Closed to all Pedestrians", just as he and many others had done almost daily for ten years. Only this time the appellee did not reach the other side. He fell thirty-five feet through the public walkway when he stepped over a hole created by a missing board onto a rotten or loose board.

The appellee sued the Port Authority, the owner of the trolley bridge...

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