Legal Opinion

Brown v. Philadelphia

Supreme Court of Pennsylvania

Decided April 12, 1920No. Appeals, Nos. 189 and 190PublishedCited by 9 opinions

Appeals, Nos. 189 and 190, Jan. T., 1920, by plaintiffs, from order of C. P. No. 2, Phila. Co., Dec. T., 1916, No. 2650, refusing to take off nonsuit in case of George Brown and Lottie Brotvn, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Wbssel, J. The facts are stated in the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiffs appealed.

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Appeals, Nos. 189 and 190, Jan. T., 1920, by plaintiffs, from order of C. P. No. 2, Phila. Co., Dec. T., 1916, No. 2650, refusing to take off nonsuit in case of George Brown and Lottie Brotvn, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Wbssel, J. The facts are stated in the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiffs appealed. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Per Curiam,

December 28, 1916, about 3:45 p. m., Lottie Brown was going along the east sidewalk of South Forty-seventh street, Philadelphia; when in front of No. 1429, she stepped into a pool of water three quarters of a yard long, one-half yard wide and six or seven inches deep ; she was thrown to the ground and sustained injuries. Both plaintiff and her husband sued the City of Philadelphia in trespass, alleging negligence and there are two appeals from the refusal of the court below to remove judgment’s of nonsuit.

Plaintiff testified she was looking ahead and saw the pool of water before…

2Cited by9 opinions

  1. Lane v. DickinsonSupreme Court of Pennsylvania · 1923
  2. Clifford v. City of PhiladelphiaSuperior Court of Pennsylvania · 1931
  3. Bowland v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1944
  4. Canfield v. PhiladelphiaSuperior Court of Pennsylvania · 1938
  5. Jordan v. PittsburghSupreme Court of Pennsylvania · 1938

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