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Donovan et ux. v. Phila. Park. Auth

Superior Court of Pennsylvania
Sep 12, 1961
173 A.2d 667 (Pa. Super. Ct. 1961)

Opinion

June 15, 1961.

September 12, 1961.

Negligence — Possessor of premises — Door — Evidence.

In a trespass action, in which it appeared that wife plaintiff, a business invitee on defendant's premises, who was injured when she opened a door, testified that the door was quite heavy and was sort of stuck, that she placed her hand on the handle but the door did not open, that she applied a little more pressure, and as the door swung back, it cut over two toes, that the door was sharp, and that when she was treated by a doctor three or four slivers of metal were removed by the doctor; and that the court below, holding that the evidence showed no breach of a duty owed by defendant, entered a compulsory nonsuit; it was Held that the order of the court below should be affirmed.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

Appeal, No. 185, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Aug. T., 1959, No. 1313, in case of Francis Donovan et al. v. Philadelphia Parking Authority. Order affirmed.

Same case in court below: 24 Pa. D. C. 2d 686.

Trespass for personal injuries.

Compulsory nonsuit entered; plaintiffs' motion to take off nonsuit refused and judgment entered for defendant, opinion by PIEKARSKI, J. Plaintiffs appealed.

William A. Goichman, with him Rosenzweig, Krimsky Goichman, for appellants.

Edward A. Garabedian, for appellee.


Argued June 15, 1961.


The order of the Municipal Court of Philadelphia County is affirmed on the opinion of Judge FELIX PIEKARSKI for the court below, reported at 24 Pa. D. C. 2d 686.


Summaries of

Donovan et ux. v. Phila. Park. Auth

Superior Court of Pennsylvania
Sep 12, 1961
173 A.2d 667 (Pa. Super. Ct. 1961)
Case details for

Donovan et ux. v. Phila. Park. Auth

Case Details

Full title:Donovan et ux., Appellants, v. Philadelphia Parking Authority

Court:Superior Court of Pennsylvania

Date published: Sep 12, 1961

Citations

173 A.2d 667 (Pa. Super. Ct. 1961)
173 A.2d 667

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