Legal Opinion

Philadelphia v. Bergdoll

Supreme Court of Pennsylvania

Decided March 6, 1916No. Appeal, No. 304PublishedCited by 22 opinions

Appeal, No. 304, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1914, No. 308, on directed verdict for defendant in case of City of Philadelphia v. Emma C. Berg-doll. Trespass to recover from defendant the amount of a judgment paid to an injured pedestrian. Before AudenRIED, P. J. . The facts appear by the opinion of the Supreme Court. On the trial, the trial judge directed a verdict for the defendant. Plaintiff appealed.

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Appeal, No. 304, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., June T., 1914, No. 308, on directed verdict for defendant in case of City of Philadelphia v. Emma C. Berg-doll. Trespass to recover from defendant the amount of a judgment paid to an injured pedestrian. Before AudenRIED, P. J. . The facts appear by the opinion of the Supreme Court. On the trial, the trial judge directed a verdict for the defendant. Plaintiff appealed. Error assigned, among others, was in directing a verdict for the defendant.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The material facts here involved are sufficiently stated *547in the following excerpt from appellant’s history of the case: “On December 17, 1910, John Hibberd was injured as a result of a fall on an ice-covered sidewalk in front of 2209 South Sixty-seventh street, Philadelphia. This property belonged to Emma C. Bergdoll. Hibberd brought suit against the City of Philadelphia, and, on October 16, 1913, secured a verdict for $3,500. The ground of his recovery was that the city had negligently permitted an accumulation of ice and snow to be and remain upon the…

2Cases cited6 opinions

  1. McLaughlin v. KellySupreme Court of Pennsylvania · 1911
  2. Ashley v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1911
  3. Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
  4. New Castle v. KurtzSupreme Court of Pennsylvania · 1904
  5. Hibberd v. PhiladelphiaSupreme Court of Pennsylvania · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Rinaldi v. LevineSupreme Court of Pennsylvania · 1962
  2. Wilson v. Howard Johns RestaurantSupreme Court of Pennsylvania · 1966
  3. Whitton v. H. A. Gable Co.Supreme Court of Pennsylvania · 1938
  4. Goodman v. Corn Exchange National Bank & Trust Co.Supreme Court of Pennsylvania · 1938
  5. Orth v. Consumers Gas Co.Supreme Court of Pennsylvania · 1924

17 more not listed; retrieve them via the Exa API.

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