Legal Opinion

Medvidovich v. Schultz

Supreme Court of Pennsylvania

Decided September 30, 1932No. Appeals, 96 and 97PublishedCited by 38 opinions

The question of whether there existed facts to constitute constructive notice to defendant of the existence of a dangerous condition on his property must be determined by the jury.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

Schultz owned a large unimproved, unfenced lot of ground in Clairton, Allegheny County. It was part of a field that had been used as a playground and baseball park. Children were permitted to play there unmolested. In 1928 the lot was leased to Smith for a carnival. He erected a merry-go-round, ferris wheel and other forms of amusement. Smith removed part of the equipment, leaving the merry-go-round. It was unattended, and while playing on it Medvidovich climbed up a post, was caught in revolving gear at the top and sustained a serious injury, for which an action…

2Cases cited6 opinions

  1. Rugart v. Keebler-Weyl Baking Co.Supreme Court of Pennsylvania · 1923
  2. Herb v. HallowellSupreme Court of Pennsylvania · 1930
  3. Venzel v. Valley Camp Coal Co.Supreme Court of Pennsylvania · 1931
  4. Schlossstein Et Ux. v. BernsteinSupreme Court of Pennsylvania · 1928
  5. Philadelphia, to Use v. StangeSupreme Court of Pennsylvania · 1931

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1968
  2. Commonwealth v. JenningsSupreme Court of Pennsylvania · 1971
  3. Segriff v. JohnstonSupreme Court of Pennsylvania · 1960
  4. Zeman v. Canonsburg BoroughSupreme Court of Pennsylvania · 1966
  5. Casey v. SicilianoSupreme Court of Pennsylvania · 1932

33 more not listed; retrieve them via the Exa API.

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