Olin v. Bradford
Superior Court of Pennsylvania
Appeal, No. 31, Oct. T., 1903, by defendant, from judgment of C. P. McKean County, Oct. T., 1901, No. 127, on verdict for plaintiff, in case of Sarah Olin v. Bradford City. Trespass to recover damages for personal injuries. Before Morrison, P. J. At the trial it appeared that on April 10, 1901, plaintiff while walking with a companion tripped and fell over a loose plank in the sidewalk. The • plank flew up as plaintiff’s companion stepped upon it.
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Appeal, No. 31, Oct. T., 1903, by defendant, from judgment of C. P. McKean County, Oct. T., 1901, No. 127, on verdict for plaintiff, in case of Sarah Olin v. Bradford City. Trespass to recover damages for personal injuries. Before Morrison, P. J. At the trial it appeared that on April 10, 1901, plaintiff while walking with a companion tripped and fell over a loose plank in the sidewalk. The • plank flew up as plaintiff’s companion stepped upon it. Plaintiff testified that at the time of the accident she was looking ahead. There was evidence that the sidewalk had been in a defective condition…
1Opinion of the Court
Opinion by
Smith, J.,
The questions relating to negligence, on the part of the defendant, and contributory negligence on the part of the plaintiff, were submitted to the jury with instructions that accurately defined the duties of both parties under the circumstances. On these points the jury have found in favor of the plaintiff and an examination of the evidence leaves no room for doubt that it warrants this finding: McClosky v. Dubois Borough, 4 Pa. Superior Ct. 181.
The only question remaining relates to the alleged loss of earning power by the plaintiff. It is too well settled to require the…
2Cases cited1 opinion
- McClosky v. BoroughSuperior Court of Pennsylvania · 1897
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- Hagner v. Moor, Pennsylvania Court of Common Pleas, Delaware County1968
- McGlinchy v. Union Carbide Corp.Superior Court of Pennsylvania · 1972