O'TOOLE v. Dunmore Borough

Opinion by

Mr. Justice Musmanno,

On the afternoon of January 7, 1957, the plaintiff in this case, Paul P. O’Toole, left his home at 402 Ward Street, Dunmore, on a perfectly wholesome and harmless errand — to purchase a loaf of bread, which his wife needed for the evening meal. He returned an hour or two later without the bread and, in addition, a fractured hip. His innocent but disastrous venture was followed by hospitalization, surgery, crutches, cane, a long convalescence, a limp, considerable expenditure of funds and impairment of earning poAver. He brought suit in trespass against the…