Ankenbrand v. Philadelphia
Superior Court of Pennsylvania
Appeals, Nos. 95 and 96, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Phila. Co., Sept. T., 1909, No. 375, on verdict for plaintiff in case,of Frank Ankenbrand and Catharine Ankenbrand, .his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries sustained by a fall in a hole in a footway bordering on Fair-mount Park in the city of Philadelphia.
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Appeals, Nos. 95 and 96, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Phila. Co., Sept. T., 1909, No. 375, on verdict for plaintiff in case,of Frank Ankenbrand and Catharine Ankenbrand, .his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries sustained by a fall in a hole in a footway bordering on Fair-mount Park in the city of Philadelphia. The case turned on whether the city could be held liable for the negligence of the park commissioners in not keeping the footway in a safe condition. Verdict and judgment for Frank Ankenbrand for $378. and for…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action was brought to recover damages for injuries caused to Catharine Ankenbrand by falling into a hole in a footway in Fairmount Park, a public park within the limits of the city of Philadelphia. Interpreting the verdict in the light of the charge of the court, it implies a finding that this defect in the sidewalk had existed for such a length of time as gave the proper officials constructive notice of it, and this finding was fully warranted by the evidence that it had existed since the summer of the preceding year. The verdict also implies a finding, which was…
2Cases cited8 opinions
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