Clark v. Lancaster
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1910, by plaintiff, from order of C. P. Lancaster Co., Aug. T., 1908, No. 69, refusing to take off nonsuit in case of Annie E. Clark v. The City of Lancaster. Trespass to recover damages for personal injuries. Before Hassler, J. The facts appear in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The plaintiff was injured by stepping on a loose grate over a gutter on one of the streets in the city of Lancaster. It tilted as she stepped upon it and she was thrown to the ground, sustaining the injuries for which she seeks compensation in this action. There was ample evidence of the defendant’s negligence, but a nonsuit was entered on the ground of the contributory negligence of the plaintiff, the court being of the opinion that, if she had looked where she was going, she would have seen the danger before her, which it was her duty to avoid. The learned trial…
2Cases cited6 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Baker v. Westmoreland & Cambria Natural Gas Co.Supreme Court of Pennsylvania · 1893
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3Cited by16 opinions
- Jerominski v. Fowler, Dick & WalkerSupreme Court of Pennsylvania · 1953
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
- Alcaro v. Jean Jordeau, Inc.Court of Appeals for the Third Circuit · 1943
- Bowman v. StoumanSupreme Court of Pennsylvania · 1928
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