Kennedy v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 246, Jan. T., 1907, by plaintiff, from judgment of O. P. No. 3, Pliila. Co., March T., 1905, No. 1,493, on verdict for defendant in case of Henrietta Kennedy v. City of Philadelphia. Trespass to recover damages for personal injuries. The circumstances of the accident are stated in the opinion of the Supreme Court. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the present case the learned trial judge directed the jury to render a verdict for the defendant. The facts were not in dispute. They are, in substance, that the plaintiff, walking along the pavement on Broad street, Philadelphia, at about half-past ten o’clock in the morning of a bright sunshiny day, stumbled and fell over an obvious defect in the sidewalk. The defect was caused by the roots of a tree growing under one block of cement, and raising it about four inches above the adjoining block. The plaintiff said she was going to take the car and looked…
2Cases cited2 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Barnes v. SowdenSupreme Court of Pennsylvania · 1888
3Cited by6 opinions
- Dunn v. WagnerCalifornia Court of Appeal · 1937
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923
- D'Annunzio v. Philadelphia Suburban Water Co.Superior Court of Pennsylvania · 1940
- Kennedy v. PittsburghSupreme Court of Pennsylvania · 1911
- Payne v. West Chester BoroughSupreme Court of Pennsylvania · 1922
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