Beatty v. Gilmore
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action on the case wherein James, A. Gilmore was plaintiff, and George Beatty was defendant, to .recover- damages for an injury sustained by the plaintiff from his falling into an area-way, or passage into the cellar of a house of the defendant, by which the plaintiff’s leg was broken.
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Error to the Common Pleas of Dauphin county. This was an action on the case wherein James, A. Gilmore was plaintiff, and George Beatty was defendant, to .recover- damages for an injury sustained by the plaintiff from his falling into an area-way, or passage into the cellar of a house of the defendant, by which the plaintiff’s leg was broken. The house referred to was a three-story brick house on Market street, in the borough of Harrisburg, the building of which was commenced in May 1849, and though the upper part of it was occupied in November 1849, the basement story was not entirely…
1Opinion of the Court
The opinion of the court, filed July 3, was delivered by
Bell, J.
In Butterfield v. Forrester, 11 East 60, it was laid down that to support an action like the present, two things must concur — an obstruction or hindrance in the road or highway by the fault of the defendant, and no want of ordinary care to avoid it *466on the part of the plaintiff. In that case, the plaintiff had been guilty of actual misconduct in riding furiously through a street of a populous town, and it has been thought this circumstance is to be considered in every practical application of the rule there ascertained. On…
2Cited by13 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
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