McNerney v. Reading City
Supreme Court of Pennsylvania
Appeal, No. 211, Jan. T., 1892, by defendant, the city of Reading, from judgment of C. P. Berks Co., Dee. T., 1890, No. 24, on verdict for plaintiff, Henry F. McNerney. Trespass to recover damages for injuries sustained by falling into an unguarded area-way in a pavement on a public street. The material facts, as they appeared at the trial before Ermentrout, P. J., are stated in the opinion of the Supreme Court.
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Appeal, No. 211, Jan. T., 1892, by defendant, the city of Reading, from judgment of C. P. Berks Co., Dee. T., 1890, No. 24, on verdict for plaintiff, Henry F. McNerney. Trespass to recover damages for injuries sustained by falling into an unguarded area-way in a pavement on a public street. The material facts, as they appeared at the trial before Ermentrout, P. J., are stated in the opinion of the Supreme Court. The area- or cellar-way there described was protected at the sides by a sloping iron rail two feet in height at the building line and eight inches high at the highest point where it…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The appellee was severely injured on the night of the 15th of September, 1890, by falling into an open area-way on South Sixth street in the city of Reading. He claims that the injury he received was the result of the city’s negligence in the care of its streets, and he brought this action to recover the damages he sustained in consequence of it. The area-way was in front of Harugari Hall in which Thomas Tracy kept a saloon. It was four feet and nine inches in width and extended from the building line into the street five feet and six inches. It was an opening…
2Cases cited5 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- King v. ThompsonSupreme Court of Pennsylvania · 1878
- Bank of Northern Liberties v. DavisSupreme Court of Pennsylvania · 1843
- Beatty v. GilmoreSupreme Court of Pennsylvania · 1851
- Philadelphia & Reading Railroad v. ErvinSupreme Court of Pennsylvania · 1879
3Cited by19 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Commonwealth v. ReevesSupreme Court of Pennsylvania · 1920
- Cookson v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1897
- Reading City v. ReinerSupreme Court of Pennsylvania · 1895
- Gantt v. Cox & Sons Co.Supreme Court of Pennsylvania · 1901
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