Tolan v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 234, Oct. T., 1906, by plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1905, No. 2,020, for defendant non obstante veredicto in case of Katie E. Tolan v. Philadelphia. Trespass to recover damages for personal injuries. Before Brégy, J. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action to recover damages for an injury received by the plaintiff on account of the alleged negligence of the defendant. The plaintiff alleged that on the evening of April 8, 1905, at 7:30 o’clock p. m., she attempted to cross one of the public streets of the city diagonally and not at a regular crossing, and that she stepped into a hole in the pavement which she described as about six inches deep and about two feet or more wide. There is no doubt about the evidence being sufficient to carry the question of the negligence of the defendant to the jury. The…
2Cases cited17 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
- Kirchner v. SmithSupreme Court of Pennsylvania · 1904
- Rowland v. PhiladelphiaSupreme Court of Pennsylvania · 1902
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3Cited by2 opinions
- Wertz v. WilliamsportSuperior Court of Pennsylvania · 1917
- Woodsum Et Ux. v. McKeesportSuperior Court of Pennsylvania · 1935