Kirchner v. Smith
Supreme Court of Pennsylvania
Appeal, No. 27, Oct. T., 1963, by defendant, from judgment of C. P., Washington Co., Aug. T., 1902, No. 98, on verdict for plaintiff in case of Anna M. Kirchner v. William W. Smith. Trespass to recover damages for personal injuries. Before Taylor, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 27, Oct. T., 1963, by defendant, from judgment of C. P., Washington Co., Aug. T., 1902, No. 98, on verdict for plaintiff in case of Anna M. Kirchner v. William W. Smith. Trespass to recover damages for personal injuries. Before Taylor, J. The facts are stated in the opinion of the Supreme Court. The court charged in part as folloivs : [The entrance to the steps at the upper end of this house is over this grating way, or by making a little detour out onto the brick portion of the pavement or sidewalk, you leave the grating and can approach the front steps squarely in front of the…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The defendant was the owner of a three-story brick dwelling house located in the borough of Washington, Pennsylvania. This house was built upon the line of the sidewalk, and the lower story was a basement, with two windows below the sidewalk. In order to admit light and ventilation into these windows, the owner dug out next the foundation wall and into the sidewalk an areaway about three and one half feet wide and ten feet long. This was covered by an iron grating on a level with the pavement, which originally extended over the entire areaway. Subsequently, owing…
2Cases cited3 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Reading City v. ReinerSupreme Court of Pennsylvania · 1895
- Wunder v. McLeanSupreme Court of Pennsylvania · 1890
3Cited by22 opinions
- Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
- Toth v. PhiladelphiaSuperior Court of Pennsylvania · 1968
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Harte v. JonesSupreme Court of Pennsylvania · 1926
- Mitchell v. George A. Sinn, Inc.Supreme Court of Pennsylvania · 1932
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