Legal Opinion

Davis v. Shenandoah Borough

Supreme Court of Pennsylvania

Decided April 10, 1922No. Appeal, No. 189PublishedCited by 11 opinions

Appeal, No. 189, Jan. T., 1922, by defendant, from judgment of C. P. Schuylkill Co., March T., 1918, No. 143, on verdict for plaintiff, in case of Annie Davis v. Shenandoah Borough. Trespass for personal injuries. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,477.90. Defendant appealed.

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Appeal, No. 189, Jan. T., 1922, by defendant, from judgment of C. P. Schuylkill Co., March T., 1918, No. 143, on verdict for plaintiff, in case of Annie Davis v. Shenandoah Borough. Trespass for personal injuries. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,477.90. Defendant appealed. Errors assigned, were, inter alia, (2) rulings as to photographs, (3) permitting amendment, mentioned in the opinion of the Supreme Court, and (3) refusal of motion for judgment for defendant n. o. v., quoting the record.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This appeal by the defendant borough is from a judgment in favor of the plaintiff, Miss Annie Davis, in an action for personal injuries sustained by falling upon a sidewalk on the east side of Gilbert Street, near Cherry Street, in said borough. At the place of accident there had formerly been a brick walk which had largely disappeared, leaving occasionally a brick or stone resting upon or imbedded in the earth, added to which were roots of trees and a general uneven surface, while recent rains and frost had left the ground wet and soft. It was on a main street…

2Cases cited10 opinions

  1. Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
  2. Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
  3. Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
  4. Purcell v. RiebeSupreme Court of Pennsylvania · 1910
  5. Morris v. PhiladelphiaSupreme Court of Pennsylvania · 1900

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3Cited by11 opinions

  1. Peair v. Home Ass'n of Enola Legion No. 751Superior Court of Pennsylvania · 1981
  2. Union Nat. Bk. of Ptgh. v. CrumpSupreme Court of Pennsylvania · 1944
  3. Lineaweaver's EstateSupreme Court of Pennsylvania · 1925
  4. Treadway v. Ebert Motor Co.Superior Court of Pennsylvania · 1981
  5. Bromberg v. GekoskiSupreme Court of Pennsylvania · 1963

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