Rothacker v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 13, Oct. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1905, No. 1,357, on verdict for plaintiff in case of Charlotte Rothacker v. Philadelphia. Trespass to recover damages for personal injuries. Before Staake, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,500. Defendant appealed.
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Appeal, No. 13, Oct. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1905, No. 1,357, on verdict for plaintiff in case of Charlotte Rothacker v. Philadelphia. Trespass to recover damages for personal injuries. Before Staake, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,500. Defendant appealed. Errors assigned were (1) refusing binding instructions for defendant; (2) refusal of motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Morrison, J.,
On the afternoon of February 15, 1905, the plaintiff, Charlotte Rothacker, with her daughter, a young lady, left thier *410home at the corner of Thirty-first and Master streets in the city of Philadelphia and they proceeded to Thirty-second street and traveled north on that street to No. 1731 where they called upon a friend. Number 1731 is on the east side of Thirty-second street. About 5 o’clock of the same afternoon, the plaintiff and her daughter were going home along the east side of Thirty-second street and they came to a pavement in front of a vacant lot and when in…
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