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FLANK v. PHILADELPHIA TRANSPORTATION CO. ET AL. (06/11/64)

June 11, 1964

FLANK, APPELLANT,
v.
PHILADELPHIA TRANSPORTATION CO. ET AL.



Appeal, No. 386, Oct. T., 1963, from judgment of County Court of Philadelphia, Nov. T., 1959, No. 2553, in case of Lillian Flank v. Philadelphia Transportation Company et al. Judgment affirmed.

COUNSEL

Frank Bielitsky, for appellant.

James D. McCrudden, for transportation company, appellee.

Wilter, R. Milbourne, with him Pepper, Hamilton & Scheetz, for corporation, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 203 Pa. Super. Page 475]

OPINION BY WATKINS, J.

This is an appeal from the refusal of the County Court of Philadelphia to take off a compulsory non-suit entered in favor of the defendants, Philadelphia Transportation Co., City of Philadelphia and 1319 Market St. Building, Inc., and against the plaintiff-appellant, Lillian Flank. The appellant does not press her appeal against the City of Philadelphia. The facts are as follows:

On Deceber 24, 1958, at or about 9:00 o'clock a.m., the plaintiff, Lillian Flank, fell when alighting from a bus at a stop in front of the Market Street National

[ 203 Pa. Super. Page 476]

Bank building. She was in a stream of passengers and as stepping down from the bus "experienced a sensation of tripping over a board" and she lost her balance and fell. Fter falling she was assisted to the building, and at the time noticed a board lying on the pavement near the point where she had gotten off the bus. This board was variously described as being 2' x 1' x 1" and 2' square. She did not see the board on the sidewalk, apparently because of the people in front of her. There were two steps leading from the bus to the sidewalk and about eight passengers alighting in front of her and six in back of her.

Curing her cross-examination she stated, "I couldn't see the ground because these people were in front of me; I couldn't see anything in front of me." It wasn't until after the accident that plaintiff looked over and saw for the first time the fresh cement with a board over it.

It is admitted that all the other passengers alighted safely. A witness testified that he saw the plaintiff fall and when he walked up to her she was standing near a wooden plank which he described as being six inches from the curb, 1' in width, 2' long and 1" thick over a piece of concrete two feet ...


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