Rotsell v. Borough of Warren
Superior Court of Pennsylvania
Reargued Feb. 14, 1899. Appeal, No. 188, April T., 1898, by defendant, from judgment of C. P. Warren Co., Sept. T., 1897, No. 26, on verdict for plaintiff. Opinion by Orlady, J. Trespass for personal injuries. Before Noyes, P. J. The facts sufficiently appear in the opinion of the court. At the trial defendant submitted among others the following point: [9. Under the pleadings and. evidence in this case the plaintiff is not entitled to recover.
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Reargued Feb. 14, 1899. Appeal, No. 188, April T., 1898, by defendant, from judgment of C. P. Warren Co., Sept. T., 1897, No. 26, on verdict for plaintiff. Opinion by Orlady, J. Trespass for personal injuries. Before Noyes, P. J. The facts sufficiently appear in the opinion of the court. At the trial defendant submitted among others the following point: [9. Under the pleadings and. evidence in this case the plaintiff is not entitled to recover. Answer: The defendant’s ninth point asks us to take the case from the jury and is answered in the negative.] [5] Verdict and judgment for plaintiff…
1Opinion of the Court
Opinion by
Oblady, J.,
The plaintiff received injuries by falling on a sidewalk in the defendant borough, and on the trial of the cause in the court below, she describes the accident as follows: “ I was walking along and was looking out for the step, and I stepped off, and as I stepped down I fell by some reason or other, I don’t know just how it did happen I fell so quick and I lay there and couldn’t get up.” The borough authorities had established a uniform grade for one of its principal streets and its sidewalks,' and in conformity with this grade a property owner put down a concrete…
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