Linn v. Duquesne Borough
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1901, No. 496, on verdict for plaintiff in case of Malinda Linn v. Duquesne Borough. Trespass to recover damages for personal injuries. Before Stowe, P. J. At the trial it appeared that the plaintiff was injured on October 14, 1900, by falling into an unguarded opening in a street. She fractured both wrists, and the accident resulted in permanent injury to her hands.
Read the full summary
Appeal, No. 89, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1901, No. 496, on verdict for plaintiff in case of Malinda Linn v. Duquesne Borough. Trespass to recover damages for personal injuries. Before Stowe, P. J. At the trial it appeared that the plaintiff was injured on October 14, 1900, by falling into an unguarded opening in a street. She fractured both wrists, and the accident resulted in permanent injury to her hands. Verdict and judgment to plaintiff for $2,000. Defendant appealed. Error assigned was the instruction on the measure of damages…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff, a married woman, fell into an unguarded opening in a street and fractured both wrists. The permanent injury caused by the fall was to her hands, the use of which was to some extent impaired. The instruction on the measure of damages allowed the jury to consider, in addition to the physical and mental suffering caused by the injury and the permanent disability resulting from it, the humiliation and regret that the plaintiff might thereafter feel because of her inability to attend to her household duties and to perform the services she had before…
2Cases cited8 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Augusta & Summerville Railroad v. Randall & WifeSupreme Court of Georgia · 1890
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
- Wyman v. LeavittSupreme Judicial Court of Maine · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Kazatsky v. King David Memorial Park, Inc.Supreme Court of Pennsylvania · 1987
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Bosley v. AndrewsSupreme Court of Pennsylvania · 1958
- Potere v. PhiladelphiaSupreme Court of Pennsylvania · 1955
- Huston v. Freemansburg BoroughSupreme Court of Pennsylvania · 1905
28 more not listed; retrieve them via the Exa API.