Nicholson v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 756, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that Mary Nicholson, on July 27, 1898, between 8 and 9 o’clock in the morning, fell on a defective pavement in front of 744 South Third street in the city of Philadelphia, injuring herself seriously. The condition of the pavement is described in the opinion of the Supreme Court.
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Appeal, No. 252, Jan. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 756, on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that Mary Nicholson, on July 27, 1898, between 8 and 9 o’clock in the morning, fell on a defective pavement in front of 744 South Third street in the city of Philadelphia, injuring herself seriously. The condition of the pavement is described in the opinion of the Supreme Court. The court refused to give binding instructions for the defendant, and submitted the case on defendant’s negligence and…
1Opinion of the Court
Per Curiam,
The negligence of the officials of the city whose duty it was to keep the pavement in repair, in not heeding the frequent reports of the police officers as to the condition of the pavement in question, was so manifest that the verdict of the jury was inevitable on that subject. On the question of the plaintiff’s contributory negligence the case was for the jury, and it was carefully committed to them by the learned trial judge, and found in favor of the plaintiff.
Upon an examination of the testimony we cannot say that there was error in leaving this question to the jury on the…
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- Seng v. American Stores Co.Supreme Court of Pennsylvania · 1956
- Highway Construction Co. v. SornaOhio Supreme Court · 1930
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