Towner v. Public Ledger Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1906, by defendant, from judgment of C. P., No. 4, Phila. Co., Dec. T., 1904, No. 2,424, on verdict for plaintiff in case of James L. Towner v. Public Ledger Company. Trespass to recover damages for personal injuries. Before Audenried, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $10,760. Defendant appealed.
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Appeal, No. 1, Jan. T., 1906, by defendant, from judgment of C. P., No. 4, Phila. Co., Dec. T., 1904, No. 2,424, on verdict for plaintiff in case of James L. Towner v. Public Ledger Company. Trespass to recover damages for personal injuries. Before Audenried, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $10,760. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff, admittedly without negligence on his part, stepped upon an iron door covering a hatchway in the pavement used and maintained by the defendant in connection with its business; the door not supporting him he was precipitated to the bottom of the hatchway, sustaining by his fall very serious bodily injury. There were two doors over the hatchway, so constructed that when closed they made an even surface with the pavement. Each was supported by a bar of about two and a half inches, on the side against which it opened on hinges *626attached to a stationary…
2Cited by1 opinion
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