Fry v. Brubaker
Superior Court of Pennsylvania
Appeal, No. 4, April T., 1921, by South Side Trust Company of Pittsburgh, Committee of the person and estate of Amy E. Brubaker, from judgment of C. P. Allegheny County, July T., 1918, No. 835, in the case of William A. Fry v. Amy E. Brubaker. Trespass to recover damages for personal injuries. Before Macearlane, J. The facts are stated in the opinion of the Superior Court. Verdict for the plaintiff in the sum of $500 and judgment thereon.
Read the full summary
Appeal, No. 4, April T., 1921, by South Side Trust Company of Pittsburgh, Committee of the person and estate of Amy E. Brubaker, from judgment of C. P. Allegheny County, July T., 1918, No. 835, in the case of William A. Fry v. Amy E. Brubaker. Trespass to recover damages for personal injuries. Before Macearlane, J. The facts are stated in the opinion of the Superior Court. Verdict for the plaintiff in the sum of $500 and judgment thereon. Appeal by committee of the defendant. Errors assigned were refusal of binding instructions and refusal of defendant’s motion for judgment non obstante…
1Opinion of the Court
Opinion by
Linn, J.,
Appellant presents two assignments: the first to the refusal of binding instructions; the second to the refusal of judgment n. o. v. The questions of negligence and contributory negligence arising on the evidence were submitted to the jury in a charge of which no complaint is made. The verdict determines that plaintiff’s injury was caused by defendant’s breach of duty, and as there is evidence to support the verdict, we may not interfere. Our question is whether the law permits recovery.
Defendant’s premises in Pittsburgh were used as a tenement house within the provisions…
2Cases cited2 opinions
- Drake v. FentonSupreme Court of Pennsylvania · 1912
- Beach v. HymanSupreme Court of Pennsylvania · 1916
3Cited by5 opinions
- Mull v. KerstetterSupreme Court of Pennsylvania · 1988
- Weimer Et Ux. v. Westm'd Water Co.Superior Court of Pennsylvania · 1937
- Ruhl v. PhiladelphiaSupreme Court of Pennsylvania · 1942
- Bennett v. Kurland, Pennsylvania Court of Common Pleas, Luzerne County1959
- Philadelphia v. Katz, Pennsylvania Court of Common Pleas, Philadelphia County1946