Dormer v. Alcatraz Paving Co.
Superior Court of Pennsylvania
Appeal, No. 176, Oct. T., 1900, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1899, No. 228, on verdict for plaintiff in case of Frank P. Dormer and Mary Dormer v. The Alcatraz Paving Company. Trespass to recover damages for personal injuries.
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Appeal, No. 176, Oct. T., 1900, by defendant, from judgment of C. P. Northumberland Co., Dec. T., 1899, No. 228, on verdict for plaintiff in case of Frank P. Dormer and Mary Dormer v. The Alcatraz Paving Company. Trespass to recover damages for personal injuries. Before Albright, P. J. At the trial it appeared that on October 21, 1899, plaintiff and her husband in going over a crossing at Market and Walnut streets in the borough of Shamokin stepped into an unguarded hole which had been left by the defendant company. The evidence for the plaintiff tended to show that the accident occurred…
1Opinion of the Court
Opinion by
Orlady, J.,
The request of defendant for binding instructions was rightly refused by the court. The case was submitted in a charge *412of unusual length, in which the defendant’s negligence and the plaintiff’s contributory negligence were presented in a fair and adequate manner, and the theory of each side was fully explained in the answers to the points as presented. The verdict of the jury is conclusive against the defendant’s contention on the facts. The detached parts of the charge, of which the defendant complains, did not prejudice the defense in the minds of the jury, except that…
2Cases cited9 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Mintzer v. GreenoughSupreme Court of Pennsylvania · 1899
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
- Carney v. CarneySupreme Court of Pennsylvania · 1900
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Formichella v. Wagner, Pennsylvania Court of Common Pleas, Mercer County1970
- Stambaugh v. Smith, Pennsylvania Court of Common Pleas, Franklin County1981