Legal Opinion

Ahern v. Melvin

Superior Court of Pennsylvania

Decided November 19, 1901No. Appeal, No. 270PublishedCited by 7 opinions

Appeal, No. 270, Oct. T., 1901, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1900, No. 290, on verdict for plaintiff in case of Julia Ahern v. Frederick J. Melvin. Trespass to recover damages for personal injuries. Before Willson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The only ruling of the learned court below which is assigned for error is the refusal to give a binding instruction in favor of the defendant. The contention of the appellant is that there was no evidence from which a jury ought to have been permitted to infer negligence on the part of defendant or his servants. The defendant was the proprietor of the Hotel Han*465over, the rear portion of which abutted on the south side of Appletree street. Each floor of the hotel, above the first, had, upon that side of the building, a narrow balcony, constructed of iron in the manner…

2Cases cited3 opinions

  1. Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
  2. McClung v. DearborneSupreme Court of Pennsylvania · 1890
  3. Brunner v. American Telegraph & Telephone Co.Supreme Court of Pennsylvania · 1892

3Cited by7 opinions

  1. Zercher v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1912
  2. McDermott v. Consolidated Ice Co.Superior Court of Pennsylvania · 1910
  3. Tallarico v. Autenreith (Kerr)Supreme Court of Pennsylvania · 1943
  4. Cowdrick v. New York Central RailroadSuperior Court of Pennsylvania · 1917
  5. Hauer v. Erie County Electric Co.Superior Court of Pennsylvania · 1912

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