Morris v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 425, Jan. T., 1899, by .plaintiff's, from order of O. P. No. 4, Phila. Co., March T., 1897, No. 968, refusing to take off nonsuit in case of Melville Morris and Sarah Jane Morris, his wife v. City of Philadelphia. Trespass for' personal injuries. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
The plaintiff, Mrs. Morris, trod upon a brick in a slight depression in the pavement, and it. turned under the pressure of her foot sufficiently to cause her to fall. There was no evidence to show that the brick was out of its position then, or at any time before, but it had become slightly loosened, a circumstance which may easily happen at any time in any part of the city. To hold the city liable in damages for every trivial accident of this kind would be to adopt a measure of liability quite unheard of, and entirely too severe for the ordinary administration of municipal…
2Cited by11 opinions
- German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
- City of Meridian v. CrookMississippi Supreme Court · 1915
- Miller v. PhiladelphiaSupreme Court of Pennsylvania · 1942
- City of Covington v. BelserCourt of Appeals of Kentucky · 1909
- Emery v. PittsburghSupreme Court of Pennsylvania · 1923
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