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

> Superior Court of Pennsylvania · May 22, 1981 · 287 Pa. Super. 400

URL: https://www.frixlaw.com/law-library/cases/9760351

## Case

- **Full name:** Dolores E. PEAIR and Wallace L. Peair v. HOME ASSOCIATION OF ENOLA LEGION NO. 751, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** May 22, 1981
- **Citations:** 287 Pa. Super. 400; 430 A.2d 665; 1981 Pa. Super. LEXIS 2749
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hester
- **Judges:** Spaeth, Hester, Cavanaugh
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760351

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760351. Public record. Not legal advice.