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MURRAY v. SIEGAL. (12/03/63)

December 3, 1963

MURRAY, APPELLANT,
v.
SIEGAL.



Appeal, No. 158, March T., 1963, from judgment of Court of Common Pleas of Allegheny County, April T., 1956, No. 609, in case of Margaret A. Murray v. George H. Siegal and City of Pittsburgh. Judgment affirmed.

COUNSEL

Gary F. Sharlock, with him Mercer & Buckley, for appellant.

Donald W. Bebenek, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellee.

Robert Engel, Assistant City Solicitor, with him David W. Craig, City Solicitor, for City of Pittsburgh, appellee.

Before Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Eagen

[ 413 Pa. Page 25]

OPINION BY MR. JUSTICE EAGEN

This is a personal injury action wherein the court en banc below sustained the action of the trial court's entry of a compulsory non-suit. On appeal, the plaintiff questions the correctness of the judgment of non-suit and certain rulings by the trial court rejecting proffered evidence.

In assessing the propriety of the entry of the non-suit, certain fundamental legal principles must be kept in mind, namely, that such a judgment should be entered only in a clear case, and further, in reviewing the record, we must read the testimony in the light most favorable to the plaintiff's case and give her the benefit of all of the reasonable inferences flowing therefrom: Blanchard v. Wilt, 403 Pa. 380, 169 A.2d 541 (1961); Flagiello v. Crilly, 409 Pa. 389, 187 A.2d 289 (1963).

The proof may be fairly summarized as follows:

On a clear, dry afternoon, the plaintiff was walking upon an unimproved sidewalk on the easterly side of Shady Avenue in the City of Pittsburgh. When she reached a point at or near the southeast corner of the intersection of Shady Avenue and Caton Street, the earth suddenly collapsed beneath her causing her to

[ 413 Pa. Page 26]

    fall into a hole, approximately two feet in diameter and one to two feet in depth, resulting in bodily injury. This action against the city ...


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