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BURNS v. CITY OF PHILADELPHIA

350 Pa.Super. 615 (1986)

504 A.2d 1321

Rita BURNS and Joseph Burns v. CITY OF PHILADELPHIA, Appellant.

Supreme Court of Pennsylvania.

Filed February 18, 1986.

Attorney(s) appearing for the Case

Michael Tolcott, Philadelphia, for appellant.

Peter C. Gardner, Philadelphia, for appellees.

Before ROWLEY, WATKINS and GEISZ, JJ.

OPINION OF THE COURT

ROWLEY, Judge:

Appellee, Rita Burns, was injured when she stepped into a "tree well" located on a walkway at Veteran's Stadium in the City of Philadelphia. Mrs. Burns and her husband filed an action in trespass against the City to recover damages for her injuries. The trial judge, sitting without a jury, found the City negligent. In order for the tree well to be able to retain a sufficient amount of water for the tree, the surface level...

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