Legal Opinion

Wahl v. McKees Rocks Borough

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 14PublishedCited by 8 opinions

Appeal, No. 14, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Nov. T., 1909, No. 689, on verdict for plaintiffs in case of David Wahl and Bridget Wahl, his wife, v. Mc-Kees Rocks Borough. Trespass to recover damages for personal injuries. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for David Wahl for $550 and for Bridget Wahl for $1,000. Defendant appealed..

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Appeal, No. 14, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Nov. T., 1909, No. 689, on verdict for plaintiffs in case of David Wahl and Bridget Wahl, his wife, v. Mc-Kees Rocks Borough. Trespass to recover damages for personal injuries. Before Macfarlane, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for David Wahl for $550 and for Bridget Wahl for $1,000. Defendant appealed.. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Henderson, J.,

The accident for the consequences of which this action was brought is alleged to have been caused by the giving way of a step over which Mrs. Wahl was walking. Nine or more sets of steps with platforms or slopes separating them were located along an irregular and broken line on the hillside between Island avenue and Etna street on the property of David Shaw in the Borough of McKees Rocks. These stairways and the intervening spaces were used to a greater or less extent by persons passing between the streets named. It is charged in the declaration that the steps were…

2Cases cited5 opinions

  1. Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
  2. Weir v. Plymouth BoroughSupreme Court of Pennsylvania · 1892
  3. Steel v. Burgess & Town Council of HuntingdonSupreme Court of Pennsylvania · 1899
  4. Downing v. Coatesville BoroughSupreme Court of Pennsylvania · 1906
  5. Johnstin v. McKeesportSupreme Court of Pennsylvania · 1907

3Cited by8 opinions

  1. Milford Borough v. BurnettSupreme Court of Pennsylvania · 1927
  2. Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  3. Easton v. KochSuperior Court of Pennsylvania · 1943
  4. Koerth v. Turtle Creek BoroughSupreme Court of Pennsylvania · 1946
  5. Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939

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