City of Altoona v. Lotz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of January Term 1885, No. 144. Case by Luther L. Lotz against the city of Altoona to recover damages alleged to have been sustained by the plaintiff by reason of the negligence of the defendant in neglecting to provide and keep good and sufficient sidewalks in the corporate limits of said city. Plea, not guilty.
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Error to the Court of Common Pleas of Blair county: Of January Term 1885, No. 144. Case by Luther L. Lotz against the city of Altoona to recover damages alleged to have been sustained by the plaintiff by reason of the negligence of the defendant in neglecting to provide and keep good and sufficient sidewalks in the corporate limits of said city. Plea, not guilty. The following are the facts as they appeared on the trial before Dean, P. J. Luther L. Lotz, the plaintiff, in 1883 was a resident of the city of Altoona, a city of from 20,000 to 25,000 inhabitants. He resided at Seventh avenue and…
1Opinion of the CourtJustice Trunkey
The defects in the sidewalk had existed so long and were so well known to the plaintiff at the time he was injured, that the sole defence is that the plaintiff failed to show a case clear of contributory negligence. This defence would prevail had there been a safe and practical way by which the plaintiff could have reached his home. It is not alleged in the points submitted by the defendant, that there was a safe way; only a suggestion that the .plaintiff could have conveniently found a safer way in the street.
The jury were explicitly and repeatedly instructed that if the plaintiff failed to…
2Cited by9 opinions
- Holbert v. PhiladelphiaSupreme Court of Pennsylvania · 1908
- Patton v. City of GraftonWest Virginia Supreme Court · 1935
- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
- Musselman v. Hatfield BoroughSupreme Court of Pennsylvania · 1902
- Evans v. PhiladelphiaSupreme Court of Pennsylvania · 1903
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