BALUSH v. BOROUGH OF NORRISTOWN


292 Pa.Super. 416 (1981)

437 A.2d 453

Joseph E. BALUSH, Appellant v. BOROUGH OF NORRISTOWN.

Superior Court of Pennsylvania.

Filed November 20, 1981.


Attorney(s) appearing for the Case

Harold Rehfuss, Philadelphia, for appellant.

John O'Rourke, Norristown, for appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in dismissing his complaint upon appellee's motion for judgment on the pleadings. We agree and, accordingly, reverse the order of the court below and remand for proceedings consistent with this opinion.

On May 24, 1979, appellant filed a complaint in trespass alleging that he suffered injuries while driving his automobile along a roadway which had been negligently maintained by appellee. Appellee...

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