McKelvey v. Juniata Borough
Supreme Court of Pennsylvania
Appeal, No. 179, Jan. T., 1919, by plaintiff, from judgment of C. P. Blair Co., March T., 1918, No. 1, and June T., 1918, No. 232, for defendant n. o. v. in case of Ada M. McKelvey v. Juniata Borough. Trespass for personal injuries. Before Bailey, P. J., specially presiding. At the trial'the jury returned a verdict for plaintiff for $2,360. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued to recover for injuries sustained by falling into a washout on the side of Seventh avenue in the Borough of Juniata, on the evening of October 23,1916, about 7:30 o’clock. The trial resulted in a verdict for plaintiff; but subsequently judgment non obstante veredicto was entered for defendant on the ground of insufficient evidence to show constructive notice to the borough of the existence of the defective street, and that if the dangerous condition was so obvious that the municipality could be presumed to have had actual notice by reason of a visit…
2Cases cited5 opinions
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Llewellyn v. Wilkes-BarreSupreme Court of Pennsylvania · 1916
- Musselman v. Hatfield BoroughSupreme Court of Pennsylvania · 1902
- Wall v. PittsburgSupreme Court of Pennsylvania · 1903
- Miller v. Montgomery BoroughSuperior Court of Pennsylvania · 1909
3Cited by9 opinions
- Peair v. Home Ass'n of Enola Legion No. 751Superior Court of Pennsylvania · 1981
- Toro, C. v. Fitness International, LLCSuperior Court of Pennsylvania · 2016
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
- Graham v. Reynoldsville Boro.Superior Court of Pennsylvania · 1938
- Davis v. Shenandoah BoroughSupreme Court of Pennsylvania · 1922
4 more not listed; retrieve them via the Exa API.