Wertz v. Williamsport
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1917, by defendant, from judgment of C. P. Lycoming Co., Sept. T., 1915, No. 10, on verdict for plaintiff in case of Mary C. Wertz v. City of Williamsport. Trespass to recover damages for personal injuries. Before Whitehead, P. J. At the trial it appeared that on the evening of May 11, 1915, plaintiff stumbled over a defective curb of a sidewalk and fractured her thigh.
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Appeal, No. 17, March T., 1917, by defendant, from judgment of C. P. Lycoming Co., Sept. T., 1915, No. 10, on verdict for plaintiff in case of Mary C. Wertz v. City of Williamsport. Trespass to recover damages for personal injuries. Before Whitehead, P. J. At the trial it appeared that on the evening of May 11, 1915, plaintiff stumbled over a defective curb of a sidewalk and fractured her thigh. The circumstances of the accident are stated in the opinion of the Superior Court. ■ Verdict and judgment for plaintiff for $1,350. Defendant appealed. Error assigned was in overruling defendant’s…
1Opinion of the Court
Opinion by
Williams, J.,
This was an action of trespass to recover damages for an injury alleged to have resulted from stumbling over a defective curb in East Seventh street, formerly known as Wilson alley, a public highway in the City of Williamsport, between 7 and 8 o’clock p. m., on May 11,1915.
The sidewalk is two feet wide and some ten inches of dirt intervene between it and the fence. The flagstones are uneven, and, at the point where plaintiff is alleged to have fallen, the curb rises about four inches above the sidewalk. This condition had existed for at least nine years.
Plaintiff had…
2Cases cited7 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Gillard v. City of ChesterSupreme Court of Pennsylvania · 1905
- Strawbridge v. HawthorneSuperior Court of Pennsylvania · 1911
- McHugh v. KerrSupreme Court of Pennsylvania · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rodgers Et Vir v. Shaler Twp.Superior Court of Pennsylvania · 1948