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CLAYTOR v. DURHAM

273 Pa.Super. 571 (1980)

417 A.2d 1196

Evalee CLAYTOR v. Choice DURHAM, Marjorie Durham, and City of Philadelphia, (two cases). Appeal of CITY OF PHILADELPHIA. Appeal of Choice DURHAM and Marjorie Durham.

Superior Court of Pennsylvania.

Filed January 4, 1980.

Attorney(s) appearing for the Case

Barbara R. Axelrod, Assistant City Solicitor, Philadelphia, for appellant.

William L. Akers, Philadelphia, for appellee.

Before VAN der VOORT, HESTER and WIEAND, JJ.

WIEAND, Justice:

Evalee Claytor, appellee, sustained a fractured hip when she slipped and fell on a patch of ice on a Philadelphia sidewalk. Separate actions in trespass against the City of Philadelphia and against Choice and Marjorie Durham, who owned the premises on which the sidewalk was located, were consolidated and tried non-jury before the Honorable Theodore C. Smith. A verdict for $40,000.00 was entered jointly against the City and the property owners, exceptions...

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