Turner v. Towanda Borough
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1913, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1911, No. 285, on verdict for plaintiff in case of Jennie D. Turner v. Borough of Towanda. Trespass for personal injuries. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. Verdict for the plaintiff for $2,680, and judgment thereon. Defendant appealed.
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Appeal, No. 389, Jan. T., 1913, by defendant, from judgment of C. P. Bradford Co., Dec. T., 1911, No. 285, on verdict for plaintiff in case of Jennie D. Turner v. Borough of Towanda. Trespass for personal injuries. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. Verdict for the plaintiff for $2,680, and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for the defendant and to enter judgment for defendant non obstante veredicto.
1Opinion of the Court
Pee Cueiam,
The plaintiff was seriously injured by falling on a ridge or mound of ice on the sidewalk of a main street of a borough. The flag stones with which the street was paved were not of uniform height and on the lower of them pools of water some two inches deep collected which by freezing and thawing formed slush and accumulated snow that became worn into ridges that extended across the walk. The walk had been out of repair for several years and the ridges of ice had been on it a number of weeks. The main question at the trial was whether the plaintiff’s contributory negligence barred a…
2Cited by2 opinions
- McDonald v. PittsburghSupreme Court of Pennsylvania · 1924
- Marshall v. LevySuperior Court of Pennsylvania · 1916