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POTERE v. PHILADELPHIA

380 Pa. 581 (1955)

Potere v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

James Francis Ryan, Assistant City Solicitor, with him Israel K. Levy, Assistant City Solicitor, Jerome J. Shestack, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for City of Philadelphia, appellant.

Ward C. Henry, with him Herbert A. Barton and Swartz, Campbell & Henry, for Curly Construction Company, appellant.

Joseph G. Feldman, with him Edward J. Marcantonio, for appellee.

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

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

The plaintiff, Nicholas Potere, instituted this action in trespass against the City of Philadelphia to recover for personal injuries sustained by reason of the collapse of a street upon which he was driving. The original defendant joined Oxford Construction Company, Inc., with whom it had contracted for the construction of a storm water relief sewer, as an additional defendant. The additional defendant in turn brought...

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