Klein v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 167, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1915, No. 274, on verdict for plaintiff in case of Isadore Klein v. Philadelphia. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 167, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1915, No. 274, on verdict for plaintiff in case of Isadore Klein v. Philadelphia. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200.00. Defendant appealed^ Error assigned was in refusing binding instructions for defendant and in refusing judgment for defendant n. o. v. The obligation imposed by the Act of 1886 to keep public roads “clear of all impediments to easy…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s injury was received while he was walking on the side of Welsh Boad at its intersection with Fairview street in Philadelphia. The only assignments of error are that the court should have given binding instructions for the defendant, and that judgment non obstante veredicto should have been entered after the verdict. The defense set up was that Welsh Boad at the place where the plaintiff was hurt was a country road and that no obligation rested on the city to maintain it in a different condition from that which was required in the case of country roads…
2Cases cited2 opinions
- Wall v. PittsburgSupreme Court of Pennsylvania · 1903
- Chambers v. Braddock BoroughSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- O'Brien v. Jeannette BoroughSuperior Court of Pennsylvania · 1937