Legal Opinion

Burns v. City of Bradford

Supreme Court of Pennsylvania

Decided January 5, 1891No. 78PublishedCited by 20 opinions

APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MCKEAN COUNTY. No. 78 July Term 1889, Sup. Ct.; court below, No. 246 February Term 1885, C. P. On February 2, 1885, Maria Burns brought case against the city of Bradford, to recover damages for personal injuries received by the plaintiff by a fall upon one of the sidewalks of said city.

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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MCKEAN COUNTY. No. 78 July Term 1889, Sup. Ct.; court below, No. 246 February Term 1885, C. P. On February 2, 1885, Maria Burns brought case against the city of Bradford, to recover damages for personal injuries received by the plaintiff by a fall upon one of the sidewalks of said city. The declaration charged the city with negligence in suffering the sidewalk to be and remain in a dangerous and \insafe condition, in that a portion thereof was covered with snow and ice, and one side of it was upheaved several inches above the other. The…

1Opinion of the Court

Opinion,

Mr. Justice McCollum:

On “a bright and starlight evening” in March, 1883, Maria Burns, the appellee, slipped and fell on a plank sidewalk on *366Pearl street in the city of Bradford, and on the second of February, 1885, brought this action, in which she alleges that her fall was caused by a defect in the walk and claims compensation from the city for the injury she received in consequence of it. The controlling questions in the case are whether her negligence contributed to the injury, and whether the city had notice of the alleged defect in the walk.

The walk was four feet wide, and there…

2Cases cited1 opinion

  1. City of Erie v. MagillSupreme Court of Pennsylvania · 1882

3Cited by20 opinions

  1. German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
  2. Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
  3. Llewellyn v. Wilkes-BarreSupreme Court of Pennsylvania · 1916
  4. Good v. PhiladelphiaSupreme Court of Pennsylvania · 1939
  5. Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901

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