O'TOOLE v. Braddock Borough

Opinion by

Mr. Justice Musmanno,

Mrs. Mary O’Toole and her husband, Thomas O’Toole brought suit against the Borough of Braddoek, alleging the borough was negligent in its maintenance of a sidewalk at the corner of Fifth and Maple Streets and that, because of an alleged defect in the sidewalk at that point, Mrs. O’Toole fell and was injured. The jury returned a verdict for the defendant and the plaintiffs appealed, urging various errors on the part of the Trial Judge.

In charging the jury, the Judge said: “The burden of proof is on the plaintiff to establish her right of recovery and the amount…