166 A. 865 | Pa. | 1933
Argued April 12, 1933.
On April 4, 1929, about 4: 30 p.m., Mrs. Rice, on leaving a grocery store on Main Street in defendant city, stepped into a hole in the sidewalk in front of the store, causing her to fall and receive the injuries here complained of. An affidavit of defense was filed "raising questions of law" and averring the statement of claim is vague and indefinite and shows on its face that plaintiff was guilty of contributory negligence. The court below sustained this contention and entered judgment for defendant. In so doing we are of opinion error was *536
committed. This case comes clearly within the rule stated in Rhodes v. Terheyden,
The judgment of the court below is reversed with a procedendo, and leave granted plaintiffs to amend their statement and defendant to reply thereto.