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DINIO v. GOSHORN ET AL. (12/12/69)

decided: December 12, 1969.

DINIO
v.
GOSHORN ET AL., APPELLANTS



Appeals from order and judgment of Court of Common Pleas of Westmoreland County, Oct. T., 1963, No. 127, in case of Albert J. Dinio v. George N. Goshorn, administrator of estate of Gertrude M. Wright, et al.

COUNSEL

Daniel J. Snyder, with him Costello & Snyder, for appellants.

H. Reginald Belden, with him Daniel R. Edwards, and Stewart, Belden, Sensenich & Herrington, for appellant.

A. C. Scales, with him Thomas R. Ceraso, and Scales, Shaw, Lyons & Ceraso, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Jones dissents. Dissenting Opinion by Mr. Chief Justice Bell.

Author: O'brien

[ 437 Pa. Page 225]

Albert J. Dinio, appellee, was employed by Margaret Check Sterbak and John G. Check, Jr., the operators

[ 437 Pa. Page 226]

    of John G. Check Furniture Co. While in the course of his employment, on October 23, 1961, appellee suffered personal injuries when a section of sidewalk gave way under the leg of a ladder on which he was standing while engaged in cleaning the marquee of the Check store.

The ladder had been placed in such fashion that one of its legs was between two water plugs in the sidewalk. The concrete between these two water plugs broke and the broken cement dropped into a hole under the sidewalk.

Appellee brought suit against Gertrude M. Wright and Eva W. Harper, the owners of the property leased by Check for the conduct of its business, and the Authority of the Borough of Charleroi, the operator of the municipal water system. Subsequently, the property owners caused the Checks and the Check Company to be joined as additional defendants.

During the pendency of the action, Gertrude Wright died and the administrator of her estate, George W. Goshorn, was substituted as a party defendant. A jury trial resulted in a verdict for appellee against the property owners and the Authority, and in favor of the additional defendant lessees. This appeal followed the denial of the motion for new trial filed by the property owners, the motions for new trial and judgment n.o.v. filed by the Authority, and the entry of judgment on the verdict of the jury.

Our review of the record in this case leads us to agree with the view of the evidence adopted by the ...


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