Canavan v. City of Oil City
Supreme Court of Pennsylvania
Appeal, No. 121, Oct. T., 1897, by defendant, from judgment of C. P. Venango Co., Aug. T., 1894, No. 72, on verdict for plaintiff. Trespass for personal injuries. Before Criswell, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,150. Defendant appealed.
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Appeal, No. 121, Oct. T., 1897, by defendant, from judgment of C. P. Venango Co., Aug. T., 1894, No. 72, on verdict for plaintiff. Trespass for personal injuries. Before Criswell, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,150. Defendant appealed. Error assigned among others was in submitting the cáse'to the jury. —When the facts are undisputed or admitted, the question of negligence or contributory negligence is not for the jury, but for the court: Erie v. Magill, 101 Pa. 616 : Barnes v. Sowden, 119 Pa. 53; Wilson v. Penna. R. R.…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
In the defendant city, among others, are three traveled paved streets, with paved sidewalks; two of these are First and Second, parallel, running east and west, a square apart; connecting them is Short street, running north and south at right angles to them. Both streets and sidewalks are paved with brick with crossings for pedestrians, where they intersect; the sidewalks were set with curb; the surface of the street, starting at about *613eight inches lower than the curb, gradually ascended to the middle of the street, where the crown was about on a level with the…
2Cases cited6 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- King v. ThompsonSupreme Court of Pennsylvania · 1878
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
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- Wyke v. WardCommonwealth Court of Pennsylvania · 1984
- Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
- City of Vincennes v. ThuisIndiana Court of Appeals · 1902
- Martin v. WilliamsportSupreme Court of Pennsylvania · 1904
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