Evans v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 154, Jan. T., 1902, by plaintiff, from order of C. P. No. 5. Phila. Co., March T., 1901, No. 148, refusing to off take nonsuit in case of George W. Evans and Sarah E. Evans, his Wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Davis, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Beown,
Sarah E. Evans, the plaintiff below, lived at 406 Dickinson street, in the city of Philadelphia. At the southwest corner of that street and Fourth there was a grocery store, and, between it and the home of plaintiff, an alley ran north and south, in which there was a drain carrying off water from the properties fronting on Fourth street. On February 22, 1901, the day the plaintiff fell and was injured, and for some time previous, this drain had been clogged with ice, which extended out over the sidewalk on the south side of Dickinson street and out into the street…
2Cases cited2 opinions
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- City of Altoona v. LotzSupreme Court of Pennsylvania · 1886
3Cited by13 opinions
- Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
- Keiser v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1946
- Duvall v. City of New CastleSuperior Court of Pennsylvania · 1920
- Canfield v. PhiladelphiaSuperior Court of Pennsylvania · 1938
- Lakata v. DiSandroSuperior Court of Pennsylvania · 1954
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