MERRITT v. CITY OF CHESTER


344 Pa.Super. 505 (1985)

496 A.2d 1220

Roseann MERRITT, a minor, By her guardian, the SOUTHEAST NATIONAL BANK, and Roscoe Merritt, Deceased, by his Administrators, John D. Delcollo and Sheila W. Merritt, Deceased, by her Administrator, John H. Clark, Jr., Appellants, v. CITY OF CHESTER and Estate of Roscoe Merritt, Appellees.

Supreme Court of Pennsylvania.

Filed August 9, 1985.


Attorney(s) appearing for the Case

Avram Adler, Philadelphia, for appellants.

John J. Fonash, III, Philadelphia, for appellees.

Before WIEAND, WATKINS and GEISZ, JJ.


WIEAND, Judge:

On the evening of January 1, 1979, Roscoe Merritt drove his automobile from a parking lot on Seventh Street in the City of Chester. He did not turn right or left but continued directly across Seventh Street. When he had reached the opposite side of the street, he mounted a two to four inch curb, crossed the sidewalk, mounted a six to eight inch high retaining wall, knocked down a cyclone fence, and plunged into the Chester Creek. Merritt and his wife...

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