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RINALDI v. LEVINE (01/02/62)

January 2, 1962

RINALDI
v.
LEVINE, APPELLANT.



Appeal, No. 325, Jan. T., 1961, from judgment of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1957, No. 1683, in case of Fred Rinaldi v. Milton B. Levine et ux. Judgment n.o.v. entered for defendants.

COUNSEL

Michael A. Foley, for appellants.

Hugh M. Odza, with him David Cohen, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Jones

[ 406 Pa. Page 75]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

Fred Rinaldi (Rinaldi), en route to his home at approximately 11:15 p.m. on January 15, 1957, fell on a sidewalk owned and maintained by Dr. Milton Levine and his wife, Ruth Levine (Levines), and situated at the southeast corner of 27th and Tasker Streets, Philadelphia. Alleging that his fall and the ensuing injuries

[ 406 Pa. Page 76]

    were caused by hills and ridges of ice which had been permitted to accumulate on the sidewalk through Levines' negligence, Rinaldi instituted a trespass action against Levines in Court of Common Pleas No. 5 of Philadelphia. After a trial before Judge JOSEPH SLOANE and a jury, Rinaldi obtained a verdict of $10,000 against Levines. Levines' motions for judgment n.o.v. and a new trial were denied and judgment was entered on the verdict. From the entry of that judgment, this appeal was taken.

This appeal presents two issues: (1) should the court below have entered judgment n.o.v.? (2) if not, should a new trial have been granted?

Resolution of the first issue depends upon an examination of the record to ascertain whether there was sufficient evidence to impale Levines with negligent conduct. In such examination and evaluation of this record we are bound, under our long established and salutary rule, to consider the evidence and all reasonable inferences arising therefrom in the light most favorable to Rinaldi: Ason v. Leonhart, 402 Pa. 312, 165 A.2d 625; Henderson v. Zubik, 390 Pa. 521, 136 A.2d 124.*fn1

Rinaldi testified that, on the evening of the day prior to the accident - January 14, 1957 - as he was returning home from work, he noticed that the sidewalk on the 27th Street side of Levines' premises had not been cleared of snow. Jay Snyderman, a witness for Rinaldi, testified that, about eight or nine hours prior to the accident - between 2:00 p.m. and 3:00 p.m. - , "that particular pavement, on that side of ...


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