Martin v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 117, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1909, No. 4,054, on verdict for plaintiff in case of Nicholas Martin, by his next friend and uncle, Angelo Venafra, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Carr, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed.
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Appeal, No. 117, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1909, No. 4,054, on verdict for plaintiff in case of Nicholas Martin, by his next friend and uncle, Angelo Venafra, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Carr, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Orlady, J.,
The undisputed facts of this case are so out of the ordinary that it is necessary to keep them clearly in mind in determining” the liability of the defendant. About eleven a. m. on December 27, 1909, the plaintiff, a boy of eleven years, left his home, a short distance from the corner of Sixth street and Passyunk avenue, in the city of Philadelphia, to go to a store to purchase bread. When at the corner of the street he slipped on an icy pavement and fell, his right hand coming in contact with a broken wire which was heavily charged with electricity, and caused a…
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