OSWALD v. STEWART


301 Pa.Super. 463 (1982)

448 A.2d 1

Mary Catherine OSWALD, Appellant, v. Arthur STEWART and Arlene Stewart v. Raymond C. FLORENCE t/d/b/a Florence Real Estate.

Supreme Court of Pennsylvania.

Filed May 14, 1982.

Reargument Denied August 6, 1982.


Attorney(s) appearing for the Case

Arnold M. Friedman, Pittsburgh, for appellant.

Warren D. Ferry, Pittsburgh, for appellees.

Before SPAETH, WICKERSHAM and LIPEZ, JJ.


SPAETH, Judge:

This is an appeal from an order denying a motion for new trial. Appellant seeks to recover for personal injuries incurred in a fall through a basement door on property owned by appellee. She argues, among other matters, that the lower court erred in charging the jury on the "choice of paths" doctrine. We agree, and therefore reverse and remand for new trial.

Appellant is a real estate agent, and appellee's property was the first she had ever...

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