Legal Opinion

Reed v. Borough

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 82PublishedCited by 10 opinions

Appeal, No. 82, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1902, No. 198, on verdict for plaintiff in case of E. N. Reed v. Tarentum Borough. Trespass to recover damages for personal injuries.

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Appeal, No. 82, Oct. T., 1905, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1902, No. 198, on verdict for plaintiff in case of E. N. Reed v. Tarentum Borough. Trespass to recover damages for personal injuries. Before MacFarlane, J. At the trial it appeared that plaintiff’s injuries resulted from a fall occasioned by striking his foot against the edge of a paving stone which projected above the adjoining stones in the sidewalk of a street which was much frequented but poorly lighted. . The court charged in part as follows: If you find it did project up as stated by the…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The plaintiff’s injury was caused by a fall occasioned by his striking his foot against the edge of a paving stone which projected above the adjoining stones in the sidewalk of a much used but poorly lighted street. The instruction in relation to the duty of the borough to supervise its sidewalks and to maintain them in a reasonably safe condition was free from error except the part covered by the sixth assignment of error. This part of the charge left it to the jury to fix a standard for the maintenance of sidewalks and to find the borough negligent if there had…

2Cases cited2 opinions

  1. Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
  2. Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883

3Cited by10 opinions

  1. German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
  2. Kuntz v. PittsburghSuperior Court of Pennsylvania · 1936
  3. Miller v. PhiladelphiaSupreme Court of Pennsylvania · 1942
  4. Hammer v. City of PhiladelphiaSuperior Court of Pennsylvania · 1931
  5. McCarthy Et Ux. v. Pgh.Superior Court of Pennsylvania · 1937

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