Fitzpatrick v. Burgess & Town Council
Supreme Court of Pennsylvania
Appeal, No. 484, Jan. T., 1897, by plaintiffs, from judgment of C. P. Delaware Co., Dee. T., 1896, N o. 105, on verdict for defendant. Trespass for personal injuries. At the trial it appeared that on October 13,1895, Catharine A. Fitzpatrick was injured while walking on a defective sidewalk in the borough of Darby.
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Appeal, No. 484, Jan. T., 1897, by plaintiffs, from judgment of C. P. Delaware Co., Dee. T., 1896, N o. 105, on verdict for defendant. Trespass for personal injuries. At the trial it appeared that on October 13,1895, Catharine A. Fitzpatrick was injured while walking on a defective sidewalk in the borough of Darby. At the point where the accident occurred a trench had been dug and filled up, and Mrs. Fitzpatrick was injured by her foot sinking into the soft clay in the trench. Other facts appear by the opinion of the Supremo Court. The court gave binding instructions for the defendant.…
1Opinion of the Court
Pee Coeiam,
The evidence on this record fails entirely to disclose any negligence on the part of the borough, or any notice to the borough authorities of any danger in the condition of the sidewalk at the place of the accident. The ditch was dug by a plumber, to lay a water pipe to the adjoining, property. It was about thirty inches wide and three feet deep. It was filled up immediately when it was made, and the earth was rammed into the trench when it was filled. It was on a public street, and was in constant use for nearly two months before the accident. It was trodden upon every day by all…
2Cases cited1 opinion
- Borough of West Chester v. AppleSupreme Court of Pennsylvania · 1860
3Cited by3 opinions
- Murray v. SiegalSupreme Court of Pennsylvania · 1963
- Good v. PhiladelphiaSupreme Court of Pennsylvania · 1939
- Miller v. PhiladelphiaSupreme Court of Pennsylvania · 1942