Toth v. Philadelphia

Opinion by

Jacobs, J.,

The issue in this case is whether a summary judgment was properly entered in favor of the defendant Harry Hollander.

Plaintiffs instituted an action in trespass to recover for personal injuries sustained by wife-plaintiff on July 31, 1966, in a fall on the sidewalk in front of the premises at 423 West Norris Street, Philadelphia. The fall allegedly resulted from “large holes, obstructions, *284depressions, irregularities or defects” in the sidewalk. Plaintiffs sued the City of Philadelphia and Harry Hollander, the owner of the premises. The complaint charged that both…