Hentz v. Borough of Somerset
Superior Court of Pennsylvania
Appeal, No. 8, April T., 1896, by defendant, from judgment of C. P. Somerset Co., on verdict for plaintiff. Trespass for accident on sidewalk.
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Appeal, No. 8, April T., 1896, by defendant, from judgment of C. P. Somerset Co., on verdict for plaintiff. Trespass for accident on sidewalk. Verdict for plaintiff for $775. Tbe following facts are stated from the opinion of tbe Superior Court: The plaintiff, while walking along the street between 9 and 10 o’clock at night tripped upon one of the planks of a board street crossing and stumbling into a hole in the board walk some twelve feet from the place where she first tripped, fell and dislocated her shoulder. She knew of the hole being there, had noticed it for some time previous to her…
1Opinion of the Court
Opinion by
Reeder, J.,
The only question raised by the assignment of error is, Was the plaintiff guilty of such contributory negligence, as disclosed by her testimony, as to have made it the duty of the court below to affirm the point submitted by the defendant asking for binding instruction to the jury.
(The court here stated the facts as recited in above statement.)
The plaintiff lived on the same street on the same side upon which this crossing was laid. She was accustomed to traveling this pavement for twenty-one years. Yet with the pavement in this condition, with which she must have been…
2Cases cited2 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Hill v. Township of Tionesta, Pennsylvania Court of Common Pleas, Forest County1892
3Cited by6 opinions
- Boyd v. Kensington Water Co.Supreme Court of Pennsylvania · 1934
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1902
- Decker v. East Washington BoroughSuperior Court of Pennsylvania · 1902
- Rick v. City of Wilkes-BarreSuperior Court of Pennsylvania · 1899
- Kirshner v. PhiladelphiaSuperior Court of Pennsylvania · 1920
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