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SCULLEY v. PHILADELPHIA

381 Pa. 1 (1955)

Sculley v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

James L. Stern, Deputy City Solicitor, with him Aaron W. White, Assistant City Solicitor, Abraham L. Freedman, City Solicitor, Raymond Kitty, Assistant City Solicitor and Jerome J. Shestack, First Deputy City Solicitor, for appellant.

Edward A. Collins, Jr., with him James E. Riely, and Riely, Powell, Earle & Wetherill, for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE CHIDSEY, March 14, 1955:

The plaintiff, Mary I. Scully, brought an action of trespass against the City of Philadelphia to recover damages for injuries sustained by her as the result of a fall allegedly due to a hole or depression in the surface of Lancaster Avenue. The defect in the street was between the rails of one of the trolley tracks of the Philadelphia Transportation Company, and the City brought in the Company as an additional defendant...

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