Brown v. White
Supreme Court of Pennsylvania
Appeal, No. 304, Jan. T., 1902, by defendant, from judgment of C. P. Franklin Co., April T., 1900, No. 393, on verdict for plaintiff in case of Annie 'Brown v. Hiram M. White. Trespass to recover damages for personal injuries sustained from a fall on a pavement. At the trial it appeared that the plaintiff, a woman seventy-two years old fell on the pavement in front of defendant’s premises on North Main street, Chambersburg, Pennsylvania.
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Appeal, No. 304, Jan. T., 1902, by defendant, from judgment of C. P. Franklin Co., April T., 1900, No. 393, on verdict for plaintiff in case of Annie 'Brown v. Hiram M. White. Trespass to recover damages for personal injuries sustained from a fall on a pavement. At the trial it appeared that the plaintiff, a woman seventy-two years old fell on the pavement in front of defendant’s premises on North Main street, Chambersburg, Pennsylvania. The accident happened about six o’clock in the morning, and the evidence showed that there was some accumulation of ice on the pavement.* Defendant presented…
1Opinion of the Court
Per Curiam,
The third point of defendant could not have been affirmed by the judge at the trial. It is not necessarily negligence to *109attempt to pass over even a “ noticeable accumulation ” of ice on the pavement. That may depend on the size and shape of the accumulation, the obviousness and magnitude of the danger, the means at hand of avoiding it, and other circumstances. In the present case the plaintiff had passed over the obstruction safely the evening before, and whether it was prudent in her to try to do so again was for the jury.
Nor could the fourth point have been affirmed. The…
2Cited by17 opinions
- McCracken v. Curwensville BoroughSupreme Court of Pennsylvania · 1932
- Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
- Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
- Green v. HollidaysburgSupreme Court of Pennsylvania · 1912
- Davis v. Wilkes-BarreSupreme Court of Pennsylvania · 1926
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