Roth v. Verona Borough

Opinion by

Mr. Justice Simpson,

Plaintiff sued to recover damages for injuries sustained by stepping into a hole in the footway pavement on one of the public streets of the Borough of Verona. She averred that the hole was of such a size and character, and had so long existed that the borough was affected with constructive notice of its existence and its dangerous character, and hence was liable to her for the damages she suffered. Because the liability of the borough, if any, was secondary in character, it issued a scire facias, under the Act of April 10, 1929, P. L. 479, as amended by the Acts…