City of Erie v. Magill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of July Term 1882, No. 35. Case, by Penelope Magill, against the city of Erie, to recover damages for injuries suffered by her from falling on a ridge of ice on a foot-pavement in said city. Plea, not guilty. The case was tried before Galbraith, P. J., and a jury.
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Error to the Court of Common Pleas of Erie county: Of July Term 1882, No. 35. Case, by Penelope Magill, against the city of Erie, to recover damages for injuries suffered by her from falling on a ridge of ice on a foot-pavement in said city. Plea, not guilty. The case was tried before Galbraith, P. J., and a jury. The plaintiff claimed that the fall was occasioned by the negligence of the defendant in permitting a dangerous ridge of ice to accumulate and remain for an unreasonable time on the sidewalk where she fell while lawfully walking thereon. The defendant offered no evidence, but…
1Opinion of the CourtJustice Green
But a single question is presented by this case. It is, whether, upon the undisputed evidence, the plaintiff contributed by her own negligence to the injury she sustained. The learned judge of the court below charged the jury that “ whatever may have been the condition of the street, or however dangerous, if the plaintiff knew of such danger and could have avoided it by turning aside, or by going on the opposite side of the street, but instead of doing so chose to run the risk of passing over the dangerous spot, and so encountered the hurt and injury complained of, she would be guilty of what…
2Cases cited2 opinions
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- Durkin v. City of TroyNew York Supreme Court · 1872
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- Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
- Burns v. City of BradfordSupreme Court of Pennsylvania · 1891
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
- Evans v. PhiladelphiaSupreme Court of Pennsylvania · 1903
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