Cooper v. PHILADELPHIA

Opinion by

Hirt, J.,

This action was brought by plaintiff to recover for injuries caused by a defect in the curb on Wood Street at a point west of its intersection with 12th Street in Philadelphia. A hole in the curb caused her to trip and fall when she stepped into it. The city, originally sued, brought in Leon and Esther Goldberg, the abutting property owners, and also William Carroll, a tenant, as additional defendants. At the close of the proofs the court properly directed a verdict in favor of William Carroll. He was in possession under lease of only the first floor of the building. Living…