WEINGREEN v. GOMBERG, 416 Pa. 567 (1965)

207 A.2d 781

Weingreen, Appellant, v. Gomberg.

Supreme Court of Pennsylvania.November 13, 1964.
March 16, 1965.

Negligence — Sidewalks — Ice and snow — Landlord and tenant — Lease of part of ground floor — Duty of tenant — Injury to third person — Philadelphia ordinance.

1. In this action of trespass in which the plaintiff complained that he was injured as the result of slipping on an ice-covered sidewalk, and that the tenant was negligent in failing to remove snow and ice from the sidewalk, and it appeared that the tenant leased only a portion of the first floor and cellar of the premises, which consisted of a two story structure, and that a portion of the first floor was occupied by the landlord as dwelling quarters; and it further appeared that a Philadelphia ordinance provided that “not later than six hours after snow had ceased to fall, the occupant of occupied property or premises and the owner of unoccupied property or premises shall clear a path in the sidewalk”, it was Held that (1) the tenant did not owe any common law duty to a pedestrian to clear the sidewalk of the snow or ice, and (2) the Philadelphia ordinance did not impose liability on the tenant in the circumstances of this case.

2. A tenant who has leased only part of a building’s ground floor is not liable to a third person for injury resulting from an accumulation of snow or ice on the sidewalk.

Mr. Justice COHEN dissented.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Appeal, No. 270, Jan. T., 1964, from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1958, No. 24, in case of Morris Weingreen v. Herman Gomberg and Abraham Gomberg, individually and trading as Gilbert’s Live Poultry Market. Order affirmed.

Same case in court below: 35 Pa. D. C.2d 143.

Trespass for personal injuries. Before WATERS, J.

Compulsory nonsuit entered against plaintiff, plaintiff’s motion to remove nonsuit denied and order entered. Plaintiff appealed.

Page 568

Harry Lore, with him Dorfman, Pechner, Sacks and Dorfman, for appellant.

John F. Naulty, for appellees.

OPINION PER CURIAM, March 16, 1965:

Affirmed on the opinion of Judge WATERS, 35 Pa. D. C.2d 143.

Mr. Justice COHEN dissents.