IRRERA et vir v. SEPTA et al.


231 Pa.Super. 508 (1974)

Irrera et vir, Appellants, v. Southeastern Pennsylvania Transportation Authority et al.

Superior Court of Pennsylvania.

December 11, 1974.


Attorney(s) appearing for the Case

Bernard J. Avellino, for appellants.

James Ciamaichelo, with him Robert H. Messerman, Lewis H. Van Dusen, Jr., Joseph F. Keener, Jr., Emil F. Toften, and Norman M. Hegge, Jr., for appellee, Southeastern Pennsylvania Transportation Authority.

James M. Penny, Jr., Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellee, City of Philadelphia.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY SPAETH, J., December 11, 1974:

Appellants are Immaculate Irrera and her husband Joseph Irrera. They appeal from the entry of summary judgment against them and in favor of Southeastern Pennsylvania Transportation Authority.

On July 13, 1970, Mrs. Irrera injured herself when she tripped and fell while crossing 8th Street at Tasker Street, in Philadelphia. Her fall was due to a hole or depression in the surface of the street near but not between SEPTA...

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