Duncan v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 309, Jan. T., 1895, by defendant, from judgment of C. P. No. 2, Philadelphia County, March T., 1893, No. , on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that on January 8,1891, plaintiff fell into a coal hole in the front sidewalk of the premises No. 509 Spruce street in the city of Philadelphia, and sustained serious injuries. The condition of the sidewalk is described in the opinion of the Supreme Court.
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Appeal, No. 309, Jan. T., 1895, by defendant, from judgment of C. P. No. 2, Philadelphia County, March T., 1893, No. , on verdict for plaintiff. Trespass for personal injuries. At the trial it appeared that on January 8,1891, plaintiff fell into a coal hole in the front sidewalk of the premises No. 509 Spruce street in the city of Philadelphia, and sustained serious injuries. The condition of the sidewalk is described in the opinion of the Supreme Court. Defendant’s points were among others as follows: 3. If the jury find that the cause of the accident was the tenant’s neglect to properly…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The under side of the iron grate which covered the coal hole jato which the plaintiff fell had become so worn at the edge where it rested on a stone ledge that it slipped out of place when she stepped on it. The ledge had also become worn, increasing the danger of the displacement of the grate. These defects were not apparent, and could not have been seen by any one on the pavement. The grate projected half an inch above the surface of the pavement, and had occasionally been displaced by passers-by who struck it with their feet. How often this had occurred before…
2Cases cited1 opinion
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
3Cited by18 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Philadelphia v. Reading Co.Supreme Court of Pennsylvania · 1928
- Dutton v. Lansdowne BoroughSupreme Court of Pennsylvania · 1901
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
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