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PINTEK v. ALLEGHENY COUNTY ET AL. (06/11/58)

June 11, 1958

PINTEK
v.
ALLEGHENY COUNTY ET AL., APPELLANTS.



Appeals, Nos. 94, 113 and 147, April T., 1957, from orders of Court of Common Pleas of Allegheny County, Oct. T., 1952, No. 2949, in case of Raymond Pintek, a minor, et al. v. The County of Allegheny et al. Orders affirmed.

COUNSEL

John R. Bredin, with him Pringle, Bredin & Martin, for County of Allegheny, appellant.

Francis A. Muracca, for Borough of Braddock, appellant.

Anton W. Bigman, for School District of Borough of Braddock, appellant.

Benjamin Jacobson, for individual defendant, appellee.

Roslyn M. Litman, with her Litman & Litman, for plaintiffs, appellees.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 186 Pa. Super. Page 368]

OPINION BY GUNTHER, J.

These appeals by the three taxing bodies are from the refusal of the court below to grant judgment n.o.v. and from the granting of a new trial to appellees against them.

An action in trespass was commenced by Raymond Pintek, a minor, by Joseph Pintek, his guardian, and Joseph Pintek and Mary Pintek in their own right against the County of Allegheny, the Borough of Braddock, the School District of the Borough of Braddock and Robert Ed. Keough to recover damages for injuries sustained by the minor plaintiff as he descended a fire escape on an apartment building at 400 Braddock Avenue, in the Borough of Braddock, which was titled in the three taxing bodies by virtue of a tax sale. On August 14, 1952, Raymond Pintek, who was then approximately 8 1/2 years old, fell through a step which broke under him as he was descending a fire escape

[ 186 Pa. Super. Page 369]

    and landed on the concrete below. As a result of said fall, he suffered a cerebral concussion, a fracture of both bones in each wrist, a laceration of the chin and multiple contusions of the body. The child was hospitalized for a week at the Braddock General Hospital where the lacerations were closed with sutures and casts were applied to both arms. After leaving the hospital, the minor child received treatments of heat and ointment on both arms. The X-rays taken shortly before the trial revealed a permanent deformity in the left arm caused by the accident. He had a limitation of supination (turning the hand over), being able to turn it ...


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