Megargee v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1893, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1891, No. 218, on verdict for plaintiffs, Irwin N. Megargee & Co. Trespass for injury to horses, wagons and business by reason of non-repair of street. The facts as they appeared before Willson, J., are stated in the opinion of the Supreme Court. Defendant’s points were among others as follows : “ 1. The jury must find for defendant.”
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Appeal, No. 1, Jan. T., 1893, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1891, No. 218, on verdict for plaintiffs, Irwin N. Megargee & Co. Trespass for injury to horses, wagons and business by reason of non-repair of street. The facts as they appeared before Willson, J., are stated in the opinion of the Supreme Court. Defendant’s points were among others as follows : “ 1. The jury must find for defendant.” Refused. [1] “ 5. If the jury find that the plaintiffs had notice of the condition of the streets in question before the damage complained of was done, they must find…
1Opinion of the Court
Opinion by
Mb Justice Dean,
The plaintiffs’ averment is negligence in not keeping a street in repair, whereby, as they allege, they sustained damage: 1st, injury to their horse; 2d, injury to their truck; 3d, loss of service of horse; 4th, delays and interruption to business because of bad condition of street.
These are the undisputed facts, as proven at the trial: Wall street is a narrow way or alley, fourteen feet wide, running from Sixth to Seventh streets between Catharine and Christian. Before February, 1891, the buildings on each side of the street were occupied as dwellings; then the…
2Cases cited2 opinions
- Gold v. City of PhiladelphiaSupreme Court of Pennsylvania · 1887
- Clulow v. McClellandSupreme Court of Pennsylvania · 1892
3Cited by6 opinions
- Easton Transit Co.'s PetitionSupreme Court of Pennsylvania · 1921
- Solinsky v. Wilkes-BarreSupreme Court of Pennsylvania · 1953
- Strauch v. ScrantonSuperior Court of Pennsylvania · 1945
- Redmond v. New Jersey Historical SocietySupreme Court of New Jersey · 1942
- Burns v. Pennsylvania Milk Control Commission, Pennsylvania Court of Common Pleas, Dauphin County1947
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