Douglass v. Monongahela City Water Co.
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T., 1895, by defendant, from judgment of O. P. Washington County, May Term, 1894, No. 198, on verdict for plaintiff.' Trespass for personal injuries. Before McIlvaine, P. J. At the trial it appeared that on the evening of Monday, July 3, 1893, plaintiff fell into an excavation near the center of Chess street in Monongahela City, suffering serious injuries.
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Appeal, No. 169, Oct. T., 1895, by defendant, from judgment of O. P. Washington County, May Term, 1894, No. 198, on verdict for plaintiff.' Trespass for personal injuries. Before McIlvaine, P. J. At the trial it appeared that on the evening of Monday, July 3, 1893, plaintiff fell into an excavation near the center of Chess street in Monongahela City, suffering serious injuries. The excavation was made on Saturday, July 1, by the defendant for the purpose of repairing a leak in the water pipe. The repair-had been completed in the afternoon of Saturday, but the excavation had not been filled…
1Opinion of the Court
Per Curiam,
The learned trial judge very properly refused requests for binding instructions from both parties. The testimony tending to prove defendant company’s negligence was abundantly sufficient to require its submission to the jury; and that relating to plaintiff’s alleged contributory negligence was not of such a character as to justify the court in withdrawing the case from the jury.
The charge as a whole was quite as favorable to the company as it could reasonably ask. The rights and duties of both parties were carefully explained in well guarded language. This was not the case of a…
2Cited by3 opinions
- Smith v. City of New CastleSupreme Court of Pennsylvania · 1896
- Kolb v. IsenbergSuperior Court of Pennsylvania · 1942
- Walton v. PhiladelphiaSuperior Court of Pennsylvania · 1913