Farrell v. Plymouth Borough
Superior Court of Pennsylvania
Appeal, No. 29, Jan. T., 1904, by defendánt, from judgment of C. P. Luzerne Co., Jan. T., 1900, No. 148, on verdict for plaintiff in case of Kate Farrell v. Plymouth Borough. Trespass to recover damages for personal injuries. Before Wheaton, J. The facts are stated in the opinion of the Superior Court,' Verdict and judgment for plaintiff for SI,200. Defendant appealed.
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Appeal, No. 29, Jan. T., 1904, by defendánt, from judgment of C. P. Luzerne Co., Jan. T., 1900, No. 148, on verdict for plaintiff in case of Kate Farrell v. Plymouth Borough. Trespass to recover damages for personal injuries. Before Wheaton, J. The facts are stated in the opinion of the Superior Court,' Verdict and judgment for plaintiff for SI,200. Defendant appealed. Error assigned was in submitting the case to the jury. cited: Mason v. Phila., 205 Pa. 177; Canavan v. Oil City, 183 Pa. 611; Easton v. Neff, 102 Pa. 474; Stackhouse v. Vendig & Co., 166 Pa. 582; Robb v. Connellsville Borough,…
1DissentMokkison, J.
After a most careful examination of the evidence in this case, I find myself unable to agree with the majority of the court that there was sufficient evidence to justify a finding of negligence on the part of the borough. In addition to this, I think the evidence clearly establishes contributory negligence on the part of the plaintiff. The declaration alleges a defect in the street. The evidence does not show any defect in the paved portion of the street, nor, as I understand it, does it show any defect in the sidewalk or footway, provided for pedestrians. The distance from the curb to the…
2Cases cited10 opinions
- King v. ThompsonSupreme Court of Pennsylvania · 1878
- Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
- Martin v. WilliamsportSupreme Court of Pennsylvania · 1904
- Heister v. Fawn TownshipSupreme Court of Pennsylvania · 1899
- Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895
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