McDonald v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 13, Oct. T., 1923, by defendant, from judgment of O. P. Allegheny Co., July T., 1919, No. 1803, on verdict for plaintiff, in case of Elizabeth McDonald v. City of Pittsburgh. Trespass for personal injuries. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,000; judgment for $3,000, all above that amount having been remitted. Defendant appealed.
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Appeal, No. 13, Oct. T., 1923, by defendant, from judgment of O. P. Allegheny Co., July T., 1919, No. 1803, on verdict for plaintiff, in case of Elizabeth McDonald v. City of Pittsburgh. Trespass for personal injuries. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,000; judgment for $3,000, all above that amount having been remitted. Defendant appealed. Error assigned was refusal of judgment for defendant, n. o. v. quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff recovered a verdict and judgment against the City of Pittsburgh, for injuries sustained by her in falling over an iron hinge, which for more than twelve years had projected above the footway of one of the streets of the municipality. On this appeal, the rulings made at the trial are not challenged, nor is the jury’s finding that the city was negligent, the only complaint being that the court below erred in refusing to decide, as a matter of law, that plaintiff was guilty of contributory negligence and hence could not recover. In considering this, we…
2Cases cited3 opinions
- Fuller v. Stewart Coal Co.Supreme Court of Pennsylvania · 1920
- Spencer v. PhiladelphiaSupreme Court of Pennsylvania · 1923
- Turner v. Towanda BoroughSupreme Court of Pennsylvania · 1914
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- Ketchum v. Conneaut Lake Co.Supreme Court of Pennsylvania · 1932
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