Legal Opinion

Gail v. Philadelphia

Supreme Court of Pennsylvania

Decided March 20, 1922No. Appeal, No. 107PublishedCited by 53 opinions

Appeal, No. 107, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Philá. Co., Dec. T., 1918, No. 4448, on verdict for plaintiff, in case of Emma Gail v. City of Philadelphia. Trespass for personal injuries. Before Rogers, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $19,235. Defendant appealed.

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Appeal, No. 107, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Philá. Co., Dec. T., 1918, No. 4448, on verdict for plaintiff, in case of Emma Gail v. City of Philadelphia. Trespass for personal injuries. Before Rogers, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $19,235. Defendant appealed. Errors assigned, inter alia, were (1) allowance of amendment, quoting the record; (2) rulings on evidence offered under amended statement, quoting bill of exceptions, and (5) overruling motion for new trial, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Sadler,

Plaintiff, a woman of fifty-four, employed by different families to aid in ironing, washing and general housework, left her home on December 4, 1917, and walked north on 24th Street, Philadelphia, intending to board a trolley car. The pavement was obstructed by boxes containing ashes, placed there by city employees, and it was necessary to enter the traveled highway to pass this point; in order to do so, plaintiff approached the curb, but, as she reached it, a receptacle was thrown from an ash cart, which obliged her to step aside to avoid being struck. Her foot…

2Cases cited9 opinions

  1. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
  2. Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
  3. Scott v. American Express Co.Supreme Court of Pennsylvania · 1917
  4. Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
  5. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920

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3Cited by53 opinions

  1. Stark v. Lehigh Foundries, Inc.Supreme Court of Pennsylvania · 1957
  2. Commonwealth v. ParkerSupreme Court of Pennsylvania · 1928
  3. King v. Equitable Gas Co.Supreme Court of Pennsylvania · 1932
  4. Petrie v. Kaufmann & Baer Co.Supreme Court of Pennsylvania · 1927
  5. Fredericks v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1924

48 more not listed; retrieve them via the Exa API.

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