Campbell v. City of York
Supreme Court of Pennsylvania
Appeal, No. 467, Jan. T., 1895, by defendant, from judgment of C. P. York Co., Jan. T., 1894, No. 58, on verdict for plaintiff. Trespass for damages for personal injuries suffered by a fall on a defective sidewalk. Before Latimer, P. J. At the trial it appeared that plaintiff, a man forty-seven years of age, on the night of March 18,1893, fell on a defective sidewalk on East King street in the city of York, and was seriously injured.
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Appeal, No. 467, Jan. T., 1895, by defendant, from judgment of C. P. York Co., Jan. T., 1894, No. 58, on verdict for plaintiff. Trespass for damages for personal injuries suffered by a fall on a defective sidewalk. Before Latimer, P. J. At the trial it appeared that plaintiff, a man forty-seven years of age, on the night of March 18,1893, fell on a defective sidewalk on East King street in the city of York, and was seriously injured. The plaintiff offered in evidence the mortality tables in common use by life insurance companies of this country, showing the expectancy of life at different…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The negligence of the city in the construction and maintenance of the sidewalk in question is obvious and undisputed, and it is established by the verdict of the jury that this negligence was the sole cause of the injury complained of. The city appears to have conceded its own negligence in the premises and to have based its defence on the alleged contributory negligence of the plaintiff. The questions raised by this defence and all the evidence relating to it were carefully presented to the jury for their consideration, with the repeated instruction that if…
2Cases cited2 opinions
3Cited by5 opinions
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