Philadelphia v. Reading Co.

Opinion by

Me. Justice Schaffee,

The City of Philadelphia here seeks recovery from the Reading Company of damages which it had to pay to James Brosnalian and Ms mother in a suit which they brought against it for injuries received by James, due to his falling over a hole in the sidewalk of a public street of the city in front of property belonging to the Reading Company. The form of action was assumpsit and the court entered judgment against defendant for want of a sufficient affidavit of defense. It appeals, submitting for our consideration these questions: Can judgment for want of a sufficient…