Legal Opinion

Eisenbrey v. Penna. Co.

Supreme Court of Pennsylvania

Decided April 13, 1891No. 186PublishedCited by 10 opinions

APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 3 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 172 December Term 1888, C. P. No. 3. On November 19, 1888, William H. Eisenbrey brought trespass against the Pennsylvania Company for Insurance, etc., trustee under the will of Jane Thomas, deceased, to recover for personal injuries alleged to have been received in consequence of negligence of the defendant in permitting a fence, with a gate or door…

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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 3 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 172 December Term 1888, C. P. No. 3. On November 19, 1888, William H. Eisenbrey brought trespass against the Pennsylvania Company for Insurance, etc., trustee under the will of Jane Thomas, deceased, to recover for personal injuries alleged to have been received in consequence of negligence of the defendant in permitting a fence, with a gate or door therein, to be erected in front of certain premises on Filbert street in Philadelphia. The defendant’s plea was not…

1Opinion of the Court

Opinion,

Me. Chief Justice Paxson :

This was an action of trespass in the court below, brought by the plaintiff against the Pennsylvania Company for Insurance on Lives and Granting Annuities, trustee under the will of Jane Thomas. The plaintiff’s cause of action was set forth in his statement substantially as follows :

On the night of November 7, 1888, the plaintiff was walking on the west side of Filbert street, towards Sixteenth street; that, when opposite the premises No. 1421 Filbert street, a door in a fence, which enclosed the steps in front of that dwelling, was suddenly thrown open…

2Cases cited1 opinion

  1. Kies v. City of ErieSupreme Court of Pennsylvania · 1890

3Cited by10 opinions

  1. Graeff v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
  2. Rosenblit v. PhiladelphiaSuperior Court of Pennsylvania · 1905
  3. Prager v. GordonSuperior Court of Pennsylvania · 1921
  4. Slakoff v. FoulkeSupreme Court of Pennsylvania · 1936
  5. Richman v. GreenCalifornia Court of Appeal · 1956

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