Weber v. Harrisburg
Supreme Court of Pennsylvania
Appeal, No. 1, May T., 1906, by defendant, from judgment of C. P. Dauphin Co., Sept. T., 1904, No. 240, on verdict for plaintiff in case of William F. Weber v. City of Harrisburg. Trespass to recover damages for personal injuries. Before Kunkel, J. At the trial it appeared that on March 10,1904, in the morning, plaintiff was injured by falling over an iron cable stretched across a path along the river front in the city of Harrisburg. The cable was partly buried in the path.
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Appeal, No. 1, May T., 1906, by defendant, from judgment of C. P. Dauphin Co., Sept. T., 1904, No. 240, on verdict for plaintiff in case of William F. Weber v. City of Harrisburg. Trespass to recover damages for personal injuries. Before Kunkel, J. At the trial it appeared that on March 10,1904, in the morning, plaintiff was injured by falling over an iron cable stretched across a path along the river front in the city of Harrisburg. The cable was partly buried in the path. The evidence showed that the locality in question had long been used as a public park under the control of the city and…
1Opinion of the Court
Opinion by
Mk. Justice Potter,
The appellant here complains, not of the manner in which this case was submitted to the jury, but only of the fact that binding instructions in favor of the defendant were refused by the court below. In support of the proposition that no case entitling him to recover was made out for the plaintiff, it is urged that all the land along the river front in the vicinity where the accident occurred had been dedicated for use as a street and a landing place for boats, and that therefore the right of navigators to the use of the ground as a mooring place for vessels was…
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