Breskin v. 535 Fifth Avenue

Opinion by

Mr. Justice Arnold,

In this action of trespass for personal injuries, sustained by wife-plaintiff by falling upon a sidewalk on Fifth Avenue in the City of Pittsburgh, the plaintiffs appeal from the refusal of their motion (1) for removal of compulsory nonsuit as to additional defendants and (2) for new trial as to the original defendant. The trial court granted original defendant’s motion for binding instructions to the jury on the basis that the defect in the sidewalk was not sufficient to constitute negligence, and that plaintiffs had not made out a case free of contributory…