Legal Opinion

Borman v. United Merchants Realty & Improvement Co.

Supreme Court of Pennsylvania

Decided March 10, 1919No. Appeal, No. 256PublishedCited by 7 opinions

Appeal, No. 256, Jan. T., 1919, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1918, No. 642, entering judgment for defendant in case of Rudolph Borman v. United Merchants Realty & Improvement Company. Trespass for negligence. Rule for judgment for want of a sufficient affidavit of defense in nature of demurrer.

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Appeal, No. 256, Jan. T., 1919, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1918, No. 642, entering judgment for defendant in case of Rudolph Borman v. United Merchants Realty & Improvement Company. Trespass for negligence. Rule for judgment for want of a sufficient affidavit of defense in nature of demurrer. The statement of claim was as follows: “1. On the 12th day of February, 1916, the defendant company was the lessee of a certain building situate at the corner of Spruce street and Washington avenue in the City of Scranton. “2. The said building was a three-story frame…

1Opinion of the Court

Opinion by

Me. Justice Stewart,

The defendant company is the lessee of a three-storied building in the City of Scranton devoted to business purposes, the lower floor of the building is used for store rooms, of which there are several, the upper floors being used for offices of various kinds; all the rooms are sublet by the defendant company to the several tenants occupying them. A way of access to the upper floors is provided by an entrance from the front of the building, between two of the storerooms, leading into an open area or space where there is a stairway leading up. The tenant of one of…

2Cited by7 opinions

  1. Harte v. JonesSupreme Court of Pennsylvania · 1926
  2. Mitchell v. George A. Sinn, Inc.Supreme Court of Pennsylvania · 1932
  3. Midland Oil Co. v. ThigpenCourt of Appeals for the Eighth Circuit · 1924
  4. Farmer v. Modern Motors CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Dittus v. Johnson, Pennsylvania Court of Common Pleas, Lancaster County1928

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