Legal Opinion

Gilpin v. Abraham

District Court, E.D. Pennsylvania

Decided June 14, 1963No. Civ. A. 32308PublishedCited by 6 opinions

1Opinion of the Court

WOOD, District Judge.

This motion to dismiss by the third-party defendants presents a question of law for our determination concerning the validity of an exculpatory clause in a lease 1 relieving the lessor from lia bility by reason of injury to any individual in the leased premises resulting from the lessor’s negligence. The Philadelphia Housing Code 2 is pertinent to a consideration of this question.

The plaintiff, while a guest of the third-party defendants, suffered injuries when she fell from a platform attached to an outside fire tower which collapsed because of deteriorated metal…

2Cases cited4 opinions

  1. Cannon v. BreschSupreme Court of Pennsylvania · 1932
  2. Boyd v. SmithSupreme Court of Pennsylvania · 1953
  3. Manius v. Housing Authority of the City of PittsburghSupreme Court of Pennsylvania · 1944
  4. Bryans v. GallagherSupreme Court of Pennsylvania · 1962

3Cited by6 opinions

  1. Rothstein v. Snowbird Corp.Utah Supreme Court · 2007
  2. Jamison v. JohnsonCourt of Appeals for the Third Circuit · 1970
  3. Gilpin v. AbrahamDistrict Court, E.D. Pennsylvania · 1964
  4. Frankel v. Arch Street Corp., Pennsylvania Court of Common Pleas, Philadelphia County1964
  5. Ellwood Consolidated Water Co. v. JohnsonCourt of Appeals for the Third Circuit · 1970

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