Koerth v. Turtle Creek Borough

Opinion by

Mr. Justice Horace Stern,

Plaintiff, while walking one night in February, 1945, on what she characterizes as a “sidewalk” of Mercer Street in the Borough of Turtle Creek, stepped into a hole and suffered injuries for which she obtained a verdict against the Borough, with recovery by the latter in turn against the corporate abutting property owner which had been brought in as additional defendant. But, unfortunately for plaintiff, she failed to establish any duty owed to her by either the Borough or the property owner and because of that fundamental defect in her action the judgments…