Swan v. Indiana Borough
Supreme Court of Pennsylvania
Appeal, No. 227, October T., 1913, by plaintiff, from order of O. D. Indiana Co., March T., 1912, No. 32, refusing to take off nonsuit in case of George W. Swan v. Borough of Indiana. Trespass to recover damages for personal injuries. Before Telford, P. J. The opinion of the Supreme Court states the facts. The court entered judgment of nonsuit, which it subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Per Curiam,
This appeal is from an order discharging a rule to take off a nonsuit entered on the trial of an action to recover for injuries caused by falling on ice that had formed a few hours before on the sidewalk of a borough street. The plaintiff lived at the end of a street on which there was little travel, and was accustomed to use the sidewalk several times each day in going to and from his place of business. The walk was eight feet wide and on the side nearest the curb there was a cement walk four feet in width and in good condition. Snow had not been cleaned from the walk and there…
2Cited by5 opinions
- Beebe v. PhiladelphiaSupreme Court of Pennsylvania · 1933
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- Solinsky v. Wilkes-BarreSupreme Court of Pennsylvania · 1953
- Solinsky v. Wilkes-BarreSupreme Court of Pennsylvania · 1953