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PARKS v. CLARION BOROUGH

392 Pa. 265 (1958)

Parks, Appellant, v. Clarion Borough.

Supreme Court of Pennsylvania.

April 21, 1958.

Attorney(s) appearing for the Case

H. Ray Pope, Jr., for appellant.

Luther C. Braham, with him R.R. Whitmer, Merritt H. Davis, Richard B. Kirkpatrick, and Galbreath, Braham, Gregg, Kirkpatrick & Jaffe, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE ARNOLD, April 21, 1958:

The court below dismissed the petition of Harry M. Parks, appellant, for leave to file a complaint in trespass against the borough for damages for injuries sustained through the borough's negligence. The court's action was based on appellant's failure to give notice to the borough as required by the Act of 1937, P.L. 2547, 53 PS § 5301.1

The plaintiff alleged that he was injured...

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