Fleming Fleming v. City of Phila.

Opinion by

Keller, J.,

The plaintiff, Mrs. Fleming, tripped on a ridge of ice, five or six inches high, which had accumulated on a Philadelphia city sidewalk a week or ten days prior thereto, fell and was injured. This action in trespass against the city followed to recover the damages sustained by her and her husband. The evidence on the trial established the negligence of the defendant. The only question really involved was the contributory negligence of Mrs. Fleming. The defendant claimed it was entitled to binding instructions on that ground. The court below left the question as one of fact…