Wertz v. Girardville Borough
Superior Court of Pennsylvania
Appeal, No. 92, Oct. T., 1905, by defendant, from judgment of G. P. Schuylkill Co., July T., 1904, No. 301, on verdict for plaintiff in case of Peter Wertz, in his own right, and Anna Wertz, by her next friend and father, Peter W ertz, v. The Borough of Girard ville. Trespass to recover damages for personal injuries. Before Shay, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 92, Oct. T., 1905, by defendant, from judgment of G. P. Schuylkill Co., July T., 1904, No. 301, on verdict for plaintiff in case of Peter Wertz, in his own right, and Anna Wertz, by her next friend and father, Peter W ertz, v. The Borough of Girard ville. Trespass to recover damages for personal injuries. Before Shay, J. The facts are stated in the opinion of the Superior Court. Defendant presented these points : 2. If the jury believe that the cause of the accident was by reason of Anna Wertz turning from a path in the center of the pavement to go into the street, and stepping on…
1Opinion of the Court
Opinion by
Henderson, J.,
The verdict of the jury established the fact that a defect existed in the footway of one of the principal streets of the borough for a length of time sufficient to charge the proper authorities with notice; that the plaintiff, Anna Wertz, was hurt because of this defect and that she was free from contributory negligence. Unless this result was reached without evidence the verdict cannot be disturbed. That there was a depression in the sidewalk at the place where the plaintiff was injured, caused by the removal of a paving stone at the time a telephone pole was set…
2Cases cited3 opinions
- Brown v. WhiteSupreme Court of Pennsylvania · 1903
- Sickels v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Easton v. PhiladelphiaSuperior Court of Pennsylvania · 1904
3Cited by5 opinions
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923
- Patterson v. PhiladelphiaSuperior Court of Pennsylvania · 1914
- Moore v. PhiladelphiaSuperior Court of Pennsylvania · 1907
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- Schneider v. Mill Creek BoroughSuperior Court of Pennsylvania · 1913