Gorman Gorman v. Philadelphia
Superior Court of Pennsylvania
Appeals, Nos. 241 and 242, Oct. T., 1923, by defendant, from judgments of O. P. No-. 2, Phila. Co., Dec. T., 1920, No. 6356, on verdict for plaintiffs in the case of Margaret Gorman and Thomas Gorman v. The City of Philadelphia. Trespass to recover damages for personal injuries. Before Gordon, J. The facts are stated in the opinion of the Superior •Court.
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Appeals, Nos. 241 and 242, Oct. T., 1923, by defendant, from judgments of O. P. No-. 2, Phila. Co., Dec. T., 1920, No. 6356, on verdict for plaintiffs in the case of Margaret Gorman and Thomas Gorman v. The City of Philadelphia. Trespass to recover damages for personal injuries. Before Gordon, J. The facts are stated in the opinion of the Superior •Court. Verdict for the plaintiff, Margaret Gorman in the sum of $2,500 and for the plaintiff, Thomas Gorman, in the sum of $500 and judgment thereon. Defendant appealed. Error assigned was the refusal of defendant’s motion for judgment non obstante…
1Opinion of the Court
Opinion by
Porter, J.,
These appeals are from judgments obtained by the plaintiffs, husband and wife, for injuries sustained by the wife when she stepped into a hole in the sidewalk on oné of the streets of the City of Philadelphia. The assignments of error raise bnt a single question: Under the evidence produced by the plaintiffs was the contributory negligence of Margaret Gorman a question of law for the court, or one of fact to be determined by the jury.
On the evening of January 4, 1921, Margaret Gorman returning from an errand elsewhere stopped in a grocery store and made some purchases…
2Cases cited2 opinions
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Clark v. LancasterSupreme Court of Pennsylvania · 1910
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