Reading City v. Reiner

Supreme Court of Pennsylvania
Reading City v. Reiner, 167 Pa. 41 (Pa. 1895)
31 A. 357; 1895 Pa. LEXIS 859
Dean, Fell, McCollum, Mitchell, Williams

Reading City v. Reiner

Opinion of the Court

Per Curiam,

The dangerous character of the areaway extending into the sidewalk in front of the defendant’s premises was settled in McNerney v. City of Reading, 150 Pa. 611. McNerney who was injured by falling into the areaway recovered damages for his injury from the city in that case. The city now seeks reimbursement from the owner of the property. The building with the unguarded opening in the sidewalk was built by her predecessor in title, and was in the actual possession of a tenant at the time the injury happened. It is probable the city could have recovered from the tenant in possession; but the owner is also liable, as is well shown by the learned judge of the court below; and we affirm this judgment upon his opinion given upon the disposition of the motion for judgment non obstante, on the points reserved.

Reference

Full Case Name
Reading City v. Catharine Reiner
Cited By
17 cases
Status
Published
Syllabus
Negligence — Opening in sidewalk — Liability of landowner — Landlord and tenant. Where a person is injured by falling into a dangerous opening in a sidewalk on premises in the possession of a tenant, the owner of the property is liable for the injury, where it appears that the dangerous opening was in existence before and at the time of the execution of the lease, and continued in the same condition to the time of the accident.