Neuin v. Pottsville
Superior Court of Pennsylvania
Appeal, No. 304, Oct. T., 1917, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1916, No. 219, refusing to take off nonsuit in case of Charles S. Neuin v. City of Pottsville. Trespass to recover damages for injuries to a mule. Before Bechtel, P. J. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brings this action to recover damages for an injury to his mule, resulting from its falling upon the street, which fall plaintiff alleges to have been caused by the negligence of the defendant in maintaining upon the street a pavement with a smooth, hard, even surface, which when wet became slippery. The evidence produced at the trial was to the effect that the plaintiff was driving his team along Centre street, Pottsville, there was an ice wagon standing at the place where he intended to stop and the water dripping from the ice had caused the pavement to…
2Cases cited3 opinions
- Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Stanka v. Shamokin BoroughSuperior Court of Pennsylvania · 1917
3Cited by1 opinion
- Roslik v. PittsburghSuperior Court of Pennsylvania · 1944