Legal Opinion

Sellmer v. Ringling

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 250PublishedCited by 9 opinions

Appeal, No. 250, Oct T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 105, on verdict for plaintiffs in case of Amelia Sellmer and John C. Sellmer v. John Ringling, Alfred T. Ringling, Henry Ringling and Albert Ringling, Copartners trading as Barnum & Bailey’s Greatest Show on Earth. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 250, Oct T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 105, on verdict for plaintiffs in case of Amelia Sellmer and John C. Sellmer v. John Ringling, Alfred T. Ringling, Henry Ringling and Albert Ringling, Copartners trading as Barnum & Bailey’s Greatest Show on Earth. Trespass to recover damages for personal injuries. The facts are stated in the opinion of the Superior Court. Verdict and judgment for John C. Sellmer for $125, and for Amelia Sellmer for $500. Defendants appealed. Error assigned was in refusing binding instructions for…

1Opinion of the Court

Opinion bx

Trexler, J.,

Plaintiff’s foot was caught and injured between two boards as she was descending from her seat after a circus performance. Her testimony is to the effect, that as she trod on a board it gave way under her and her foot was pinched between two boards, one of which overlapped, the other. Her account of the accident is corroborated by two witnesses. The duty imposed upon the defendants to people who purchase tickets and attend the performance is thus stated in Thompson on Negligence, Yol. I, Sec. 996: “The duty assumed by the owners of places to which the public thus resort…

2Cases cited2 opinions

  1. Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
  2. Sheets v. Sunbury & Northumberland Electric Railway Co.Supreme Court of Pennsylvania · 1912

3Cited by9 opinions

  1. Durning v. HymanSupreme Court of Pennsylvania · 1926
  2. Murray v. Pittsburgh Athletic Co.Supreme Court of Pennsylvania · 1936
  3. Bechtel v. Franklin Trust Co.Superior Court of Pennsylvania · 1935
  4. Kuntz v. Waldameer Co.Superior Court of Pennsylvania · 1917
  5. Freda v. Lake Ariel Park & Amusement Co.Superior Court of Pennsylvania · 1944

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