Brace v. Kirby
Superior Court of Pennsylvania
Appeal, No. 8, March T., 1910, by plaintiffs, from judgment of C. P. Luzerne Co., Oct. T., 1906, No. 348, for defendants non obstante veredicto in case of Barbara Brace, by her next friend and father, Martin Brace, and said Martin Brace, each in her and his own right, v. F. M. Kirby & F. J. Weckesser, partners, doing business under the firm name of F. M. Kirby & Company. Trespass to recover damages for personal injuries.
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Appeal, No. 8, March T., 1910, by plaintiffs, from judgment of C. P. Luzerne Co., Oct. T., 1906, No. 348, for defendants non obstante veredicto in case of Barbara Brace, by her next friend and father, Martin Brace, and said Martin Brace, each in her and his own right, v. F. M. Kirby & F. J. Weckesser, partners, doing business under the firm name of F. M. Kirby & Company. Trespass to recover damages for personal injuries. Before Fuller, J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict in favor of the plaintiffs. The court on motion entered…
1Opinion of the Court
Opinion by
Head, J.,
While descending the stairway which connected the first and second floors of the department store conducted by the defendants in the city of Wilkes-Barre the plaintiff suffered a fall. She alleges that this fall and its consequent injuries resulted from the negligence of the defendants. The burden was upon her, therefore, to show by testimony some negligent act or omission on the part of the defendants which was the proximate cause of her injury.
That a woman, dressed and shod in the customary manner of females in these modern days, should suffer a fall while descending a…
2Cases cited5 opinions
- Bloomer v. SnellenburgSupreme Court of Pennsylvania · 1908
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
- Fairbanks v. Kerr & SmithSupreme Court of Pennsylvania · 1872
- Polenske v. Lit Bros.Superior Court of Pennsylvania · 1901
- Bannon v. The Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
3Cited by6 opinions
- Broadston v. Beddeo Clothing Co.Nebraska Supreme Court · 1920
- Vollmar v. JC Penney CompanySupreme Court of Iowa · 1960
- Beitch v. MishkinSuperior Court of Pennsylvania · 1957
- Adolph Frater v. S.S. Kresge Co.Superior Court of Pennsylvania · 1929
- Hamill v. BoroughSuperior Court of Pennsylvania · 1912
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