Legal Opinion

Bruch v. City of Philadelphia

Supreme Court of Pennsylvania

Decided July 15, 1897No. Appeal, No. 570PublishedCited by 34 opinions

Appeal, No. 570, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 3, Pbila. Co., Sept. T., 1894, No. 80, for defendant on report of referee. Trespass for personal injuries. Before McMiohaél, J. Exceptions to report of referee. The facts appear by the opinion of the Supreme Court. Errors assigned were in sustaining exceptions to referee’s report.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On the night of April 12, 1894, the plaintiff, while walking on the pavement of west side of Kensington avenue, in Philadelphia, on his way to his ’home, stepped into a hole, fell, and^ was seriously injured. The hole was about four feet long, narrow, irregular or crescent-shaped, and had been in the pavement for three months. Plaintiff was fifty-four years of age, with sense of sight unimpaired. There were electric lights at Clear-field street and Indiana avenue, both eighty to one hundred yards distant from where he fell; there was also a lamp on the same side of…

2Cases cited3 opinions

  1. Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
  2. Bradlee & Co. v. Whitney & KemmererSupreme Court of Pennsylvania · 1885
  3. City of Philadelphia v. LinnardSupreme Court of Pennsylvania · 1881

3Cited by34 opinions

  1. Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
  2. Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
  3. Greene v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  4. Bemis Car Box Co. v. J. G. Brill Co.Court of Appeals for the Third Circuit · 1912
  5. Davis v. Wilkes-BarreSupreme Court of Pennsylvania · 1926

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