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ROSENSON v. LYLE (01/09/70)

decided: January 9, 1970.

ROSENSON, APPELLANT,
v.
LYLE



Appeal from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1965, No. 219, in case of Helen Rosenson v. Helen I. Lyle.

COUNSEL

Emanuel Goldberg, with him George Schwartz, for appellant.

Herbert Bennett Conner, with him Theodore O. Struk, and Dickie, McCamey & Chilcote, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Roberts concurs in the result.

Author: O'brien

[ 436 Pa. Page 356]

Appellant suffered personal injuries in a sidewalk fall and brought an action of trespass against appellee, the owner of the property where the fall allegedly took place. A jury trial resulted in a verdict for appellee and this appeal followed the refusal of appellant's motion for new trial and the entry of judgment on the verdict.

Several trial errors are alleged, the first of which involves appellant's efforts to introduce into evidence portions of the complaint. The complaint contained, inter alia, the following paragraphs:

"Third: On January 13, 1964, the Plaintiff Helen Rosenson, a pedestrian, was caused to fall and be injured by reason of the broken, defective, unsafe and dangerous condition of the sidewalk in front of the property which was located at No. 621 North Euclid Avenue in the said City of Pittsburgh, Allegheny County, Pennsylvania. The said sidewalk was a much travelled public thoroughfare.

"Fourth: On said January 13, 1964, and for a long time prior to the said date, the Defendant owned, possessed and resided in said property, and had control of said sidewalk on which Plaintiff fell."

Appellee filed an answer which stated:

"1. The defendant denies the allegations of the third, fifth, and eighth numbered paragraphs of the plaintiff's Complaint insofar as it is there stated that

[ 436 Pa. Page 357]

    the said sidewalk existed in a 'broken, defective, unsafe and dangerous condition', and/or words of similar import contained in the aforesaid paragraphs, ...


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