Gold v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No 2, of Philadelphia county : Of July Term, 1886, No. 130. Case by Anna Gold against the city of Philadelphia, to recover damages, alleged to have been sustained by her by reason of the falling off in patronage at her inn, through the negligence of the defendant in not repairing and keeping in passable condition the highway upon which it was situated. Plea, not guilty.
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Error to the Court of Common Pleas No 2, of Philadelphia county : Of July Term, 1886, No. 130. Case by Anna Gold against the city of Philadelphia, to recover damages, alleged to have been sustained by her by reason of the falling off in patronage at her inn, through the negligence of the defendant in not repairing and keeping in passable condition the highway upon which it was situated. Plea, not guilty. By agreement of parties, the case was referred to E. Coppee Mitchell, Esq., as referee, under the Act of June 16th, 1836. The facts of the case appear in his report as follows: The Germantown…
1Opinion of the CourtJustice Paxson
The learned and able report of the referee in this case renders an extended discussion of it unnecessary. There is no allegation that he has not found the facts correctly, but the plaintiff contends that he has erred in his conclusions of law. In other words that upon the facts as they are conceded, she is entitled to recover.
The plaintiff is the proprietor of an inn at Chestnut Hill, fronting on the main road, or Germantown avenue, at which a large and prosperous business had been carried on for a long time. Germantown avenue was a turnpike road for many years and while such was kept in…
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