48 A.2d 708 | Pa. Super. Ct. | 1946
Argued April 11, 1946. The plaintiffs, husband and wife, sued the city of Pittsburgh for damages for injury to the wife due to the alleged negligence of the city in failing to maintain in a safe condition the cartway crossing on a public street. The city joined the Peoples Natural Gas Company as an additional party defendant, alleging that the Gas Company was in complete charge and control of the situs. The court below granted a compulsory nonsuit, which it subsequently refused to take off, and this appeal followed.
At about 11:30 o'clock in the morning on a bright day the plaintiff was walking southeasterly on the sidewalk on the east side of Lang Avenue. She came to the intersection of Kedron Street and she found it so torn up and in such bad condition that she was afraid to cross it. She turned southerly, crossing Lang Avenue to its westerly side, and then started across Kedron *482 Street. She testified that in about the center of Kedron Street she stepped upon a newspaper which covered a hole some three inches deep and six inches across, which caused her to sprain her ankle. The plaintiffs' testimony disclosed that there had been a gas explosion some months before, and because thereof Kedron Street "was torn up about eight feet deep and they had a few boards over that hole [made by gas explosion] . . . I was afraid to walk over . . . for fear I would fall." It also appears in the plaintiffs' case that the cartway of Kedron Street had been torn up for months, and that the disrupted condition at the intersection of Lang Avenue and Kedron Street had existed for many months.
The judgment of the court below was correct. This case is ruled by Leson et vir v. Pittsburgh,
Judgments affirmed.