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AMBACHER ET VIR v. PENROSE ET AL.

No. 56 T.D. 1984.

92 Pa.Commw. 401 (1985)

Sally Ambacher and George Ambacher, her husband, Appellants v. A. Ruth Penrose and City of Philadelphia, Appellees.

Commonwealth Court of Pennsylvania.

October 24, 1985.

Attorney(s) appearing for the Case

Richard I. Torpey, Howland, Hess, Guinan & Torpey, for appellants.

Ralph J. Luongo, Assistant City Solicitor, with him, Barbara W. Mather, City Solicitor, and Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, for appellees.

Argued June 4, 1985, before Judges ROGERS, BARRY and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE BARRY, October 24, 1985:

The Court of Common Pleas of Philadelphia County sustained preliminary objections filed by the City of Philadelphia (City) and dismissed the complaint of the plaintiff-appellants, Sally and George Ambacher.

While walking on a sidewalk in Philadelphia, Mrs. Ambacher tangled her foot in a wire fence which covered part of the sidewalk, fell to the ground and sustained injuries. The fence had apparently fallen on the sidewalk...

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