Opinion

Peair v. Home Ass'n of Enola Legion No. 751

  • 287 Pa. Super. 400
  • 430 A.2d 665
  • 1981 Pa. Super. LEXIS 2749
Court
Superior Court of Pennsylvania
Filed
May 22, 1981
Status
Published
Author
Hester
On the bench
Spaeth, Hester, Cavanaugh
Cited by
47 cases

applying Restatement Section 342 in a negligence action initiated by a pedestrian against an adjacent landowner based on injuries purportedly sustained due to a fall on a sidewalk

How later courts described this case

  • applying Restatement Section 342 in a negligence action initiated by a pedestrian against an adjacent landowner based on injuries purportedly sustained due to a fall on a sidewalk
  • holding jury must be informed of the consequence of its apportionment of negligence
  • “We conclude[ ] that the jury should be informed of the consequence of its apportionment of negligence.”
  • A pedestrian walking on a public sidewalk is a licensee of the property owner

Written by the judges who cited it.

The opinion

HESTER, Judge,

concurring and dissenting:

I concur with that portion of the Opinion which holds that the jury should be informed of the consequence of its apportionment of negligence.

I dissent as to the portion of the Opinion which refuses to grant a new trial. I would grant a new trial as to the issues involved in the first day-light fall down. I would refuse to submit to a jury the issues involved in the second day light fall down which occurred on the same sidewalk five days following the first fall down. Appellee clearly assumed the risk.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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