Rufo v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 9, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1913, No. 1,721, on verdict for plaintiff in case of Emilia Rufo v. Philadelphia. Trespass to recover damages for death of plaintiff’s husband. Before Omerod, P. J., specially presiding. At the trial it appeared that the deceased, Donato Rufo, was killed on March 3, 1913, while driving a team of two horses westward on Callowhill street between Sixty-third street and Gross street.
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Appeal, No. 9, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1913, No. 1,721, on verdict for plaintiff in case of Emilia Rufo v. Philadelphia. Trespass to recover damages for death of plaintiff’s husband. Before Omerod, P. J., specially presiding. At the trial it appeared that the deceased, Donato Rufo, was killed on March 3, 1913, while driving a team of two horses westward on Callowhill street between Sixty-third street and Gross street. Along the north side of the cartway of Callowhill street were trenches dug to the middle line of the street. These had…
1Opinion of the Court
Opinion by
Trexler, J.,
In the case before us the decedent was acquainted with Callowhill street, knew of its condition and the *640trenches which existed and took the way which apparently was most convenient to him in preference to other streets which were in better condition. When we revert to the testimony we find, however, that Callowhill street could not be termed an unsafe street. The trenches which rendered part of it unsafe existed only to the middle of the street and the remaining half of the street was used generally by the public and could be used in safety. In view of these facts the…
2Cases cited7 opinions
- Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
- March v. Phœnixville BoroughSupreme Court of Pennsylvania · 1908
- Patterson v. PhiladelphiaSuperior Court of Pennsylvania · 1914
- Stonecipher v. Booth & Flinn, Ltd.Superior Court of Pennsylvania · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hallowell v. Richland Twp.Superior Court of Pennsylvania · 1916