Burns v. City of Philadelphia

OPINION OF THE COURT

ROWLEY, Judge:

Appellee, Rita Burns, was injured when she stepped into a “tree well” located on a walkway at Veteran’s Stadium in the City of Philadelphia. Mrs. Burns and her husband filed an action in trespass against the City to recover damages for her injuries. The trial judge, sitting without a jury, found the City negligent. In order for the tree well to be able to retain a sufficient amount of water for the tree, the surface level of the soil in the well was kept several inches below that of the surrounding walkway. Specifically, the court concluded that the well…