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SPEER v. BARRY

349 Pa.Super. 365 (1985)

503 A.2d 409

Richard SPEER and Joyce Speer, his wife, Appellees, v. Jane BARRY and Thomas Barry, Appellants, v. Robert W. JOHNS, Appellee.

Supreme Court of Pennsylvania.

Filed November 22, 1985.

Reargument Denied January 30, 1986.

Attorney(s) appearing for the Case

Charles Kirshner, Pittsburgh, for appellants.

John L. Elash, Pittsburgh, for Speer, appellees.

Ira C. Houck, Jr., Pittsburgh, for Johns, appellee.

Before WIEAND, CIRILLO and JOHNSON, JJ.

WIEAND, Judge:

Richard Speer and Joyce Speer, husband and wife, were tenants residing in one of the apartments of a duplex owned by Jane Barry in the City of Pittsburgh. On September 15, 1980, Richard Speer was injured when his foot broke through a board on the front porch used incommon by all tenants. He and his wife commenced an action against Jane Barry to recover damages for the injuries sustained as a result of his fall. Barry caused to be joined as an additional...

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