Schilling v. Abernethy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1885, No. 144. Case by William Abernethy by his father and next friend Robert Abernethy against Christiana E. Schilling, to recover damages for injuries sustained by him by the falling of a privy wall on the premises belonging to the defendant, which, he alleges, she negligently allowed to remain out of repair. Plea, not guilty.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1885, No. 144. Case by William Abernethy by his father and next friend Robert Abernethy against Christiana E. Schilling, to recover damages for injuries sustained by him by the falling of a privy wall on the premises belonging to the defendant, which, he alleges, she negligently allowed to remain out of repair. Plea, not guilty. The following are the facts as they appeared on the trial before Biddle, J.: The defendant was the owner of a lot of ground situated on Emerald street, in the city of Philadelphia,…
1Opinion of the CourtJustice Gordon
We have presented to us. for review, in -this ease,-’three assignments of error; the first embraces an exception to the refusal of the learned judge of the court below to instruct the jury that, under all the evidence the verdict must be for the defendant. . This point was well.refused, for, as we’look at the case, the evidence warranted a very different conclusion. The second is to the refusal of the court to affirm the defendant’s ninth point, which was put as follows: “If the jury from the evidence find that the portion of the alley where the-accident occurred was exclusively for the use…
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