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DENVER v. SHARPLESS (03/24/60)

March 24, 1960

DENVER
v.
SHARPLESS, APPELLANT.



Appeals, Nos. 468 and 469, Oct. T., 1959, from judgment of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1956, No. 4460, in case of Rita Denver et al. v. P. T. Sharpless. Judgment affirmed.

COUNSEL

Perry S. Bechtle, with him Thomas E. Comber, Jr., and John J. Runzer, and Pepper, Hamilton & Scheetz, for appellant.

Albert C. Gekoski, for appellees.

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

Author: Watkins

[ 191 Pa. Super. Page 555]

OPINION BY WATKINS, J.

This is an appeal from the refusal of the court below to grant appellant's motions for judgment n.o.v. and for a new trial in a trespass action for personal injuries sustained by the wife-plaintiff, Rita Denver, while on the property of the defendant, P. T. Sharpless, the trial of which resulted in verdicts in favor of both plaintiffs.

[ 191 Pa. Super. Page 556]

It should be unnecessary to state that we must view the testimony in the light most favorable to the plaintiffs in whose favor the verdicts were rendered, resolving all conflicts therein in their favor and give them the benefit of every fact and inference of fact, pertaining to the issues involved, which could easily be deduced from the evidence. All the evidence favorable to defendant had to be rejected and only the evidence which supported the verdict could be considered. Jemison v. Pfeifer, 397 Pa. 81, 152 A.2d 697 (1959).

The pertinent facts appear to be as follows: Wife-plaintiff was a frequent visitor to the home on defendant's property occupied by the caretaker of the property, whose wife was the niece of wife-plaintiff. Access could be gained to this home via two entrances, one from Grays Lane over a winding road past the main house and down a steep incline several blocks in length; the other, and much shorter way, being from Mill Creek Road over a small bridge to caretaker's home and also connecting to the main drive.

A month prior to the accident the bridge at the Mill Creek Road entrance was damaged by severe storms which caused a hole to open in the center of the bridge approximately 3feet X 3 1/2feet, and at the time of the accident 4 1/2feet deep. Defendant was aware of this dangerous condition and set out to repair same. He also had saw horses placed on both sides of the hole and attached warning lanterns to the end horses, which were lighted at night, and covered the hole with a wooden platform to guard against this obvious danger.

Wife-plaintiff visited the premises many times during this month and was aware of the danger and also the precautions taken. The day of the accident she visited the premises at noon, having entered from Grays Lane and left via the same route not noticing any change in the conditions about ...


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