Appeal from order of Court of Common Pleas of Montgomery County, Oct. T., 1970, No. 70-12503, in case of Gertrude Prince v. Louis G. Pavoni and Marie R. Pavoni.
Edward J. David, with him Henry B. Fitzpatrick, Jr., Frederick W. McBien, III, Liebert, Short, Fitzpatrick & Lavin, and Bean, DeAngelis, Kaufman & Kane, for appellant.
Benjamin E. Zuckerman, with him Wright, Spencer, Manning & Sagendorph, for appellees.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Watkins, J.
[ 225 Pa. Super. Page 287]
This appeal is from an order of the Court of Common Pleas of Montgomery County which granted a summary judgment in favor of the appellee, Louis G. Pavoni and Marie R. Pavoni, and against the appellant, Gertrude Prince.
On January 15, 1970, the appellant, Gertrude Prince, was walking on the sidewalk owned and under the control of appellees, when she fell and suffered a fractured hip. A complaint alleged that she suddenly and without warning slipped and fell to the ground by reason of coming into contact with certain hills and ridges of snow and ice.
In answer to appellee's written interrogatories, appellant answered as follows:
"2. Plaintiff was walking in a northerly direction on the sidewalk of 112 Grayling Avenue, Narberth, Pennsylvania, exercising due care, when suddenly and without warning she slipped and was thrown to the ground by reason of coming into contact with certain hills and ridges of snow and ice on said sidewalk. . . .
"29. A very heavy accumulation of snow occurred approximately one week before the incident. Fresh snow fell in considerable amounts on January 11, 1970 and January 12, 1970, two days before the plaintiff was injured, and covered the snow and ice which had accumulated on the defendants' premises.
"30. Plaintiff crossed Grayling Avenue near premises in question and reached sidewalk and turned right. Plaintiff fell while walking on sidewalk adjacent to the premises in question. Sidewalk was covered with hills and ridges of ice all of which was hidden by a blanket of snow. . . .
"34. The hills and ridges with which plaintiff came into contact were as much as three to four inches high ...