Posey v. National Bank
Supreme Court of Pennsylvania
Appeal, No. 266, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., May T., 1910, No. 75, on verdict for plaintiff in case of Harvey S. Posey v. National Bank of Western Pennsylvania. Trespass to recover damages for personal injuries. Before Ford, .J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,334.35 and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 266, Oct. T., 1913, by defendant, from judgment of C. P. Allegheny Co., May T., 1910, No. 75, on verdict for plaintiff in case of Harvey S. Posey v. National Bank of Western Pennsylvania. Trespass to recover damages for personal injuries. Before Ford, .J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,334.35 and judgment thereon. Defendant appealed. Error assigned, among others, was in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
The plaintiff sustained his injuries by stepping upon the iron lid covering a coal hole in the pavement of the defendant company, which was so insecurely fastened that beneath the plaintiff’s weight it tilted, with the result that plaintiff’s right leg went its full length into the hole. The negligence charged was failure on part of the defendant to exercise proper care in keeping the covering of the coal hole in reasonably safe condition. The case turned on the question of defendant’s negligence no other question being involved. The coal hole was about two feet…
2Cited by3 opinions
- Schultz v. PivarSupreme Court of Pennsylvania · 1952
- Cooney v. City of Pgh. (Et Al.)Superior Court of Pennsylvania · 1942
- Stover v. Colonial Trust Co., Pennsylvania Court of Common Pleas, Berks County1922