Blaine v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 61, Oct. T., 1906, by defendant from judgment of C. P. No. 5, Phila. Co., Dec. T., 1904, No. 3,734, on verdict for plaintiff in case of Margaret Blaine and David G. Blaine v. City of Philadelphia. Trespass to recover damages for personal injuries. At the trial it appeared that Mrs. Margaret Blaine fell on an icy pavement on December 29, 1904, in the city of Philadelphia, and sustained serious injuries to her wrist.
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Appeal, No. 61, Oct. T., 1906, by defendant from judgment of C. P. No. 5, Phila. Co., Dec. T., 1904, No. 3,734, on verdict for plaintiff in case of Margaret Blaine and David G. Blaine v. City of Philadelphia. Trespass to recover damages for personal injuries. At the trial it appeared that Mrs. Margaret Blaine fell on an icy pavement on December 29, 1904, in the city of Philadelphia, and sustained serious injuries to her wrist. It appeared that at the place of the accident there were no ridges, but merely a general slippery condition caused by rain and freezing during the previous twenty-four…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of trespass for personal injuries sustained by Margaret Blaine on one of the sidewalks of the defendant. The plaintiffs having recovered, the defendant moved for judgment non obstante veredicto, which judgment was refused and judgment entered upon the verdict. The only assignment of error is, “ the lower court erred in refusing the motion for judgment non obstante veredicto upon the whole record.”
The controlling question is whether there was sufficient proof of negligence on the part of the city officials to warrant submitting the case to the jury.
The…
2Cases cited9 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- McLaughlin v. City of CorrySupreme Court of Pennsylvania · 1875
- Decker v. Scranton CitySupreme Court of Pennsylvania · 1892
- Manross v. City of Oil CitySupreme Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
- Ingram v. PhiladelphiaSuperior Court of Pennsylvania · 1908
- McDevit v. PhiladelphiaSuperior Court of Pennsylvania · 1908