Switzer v. Pittsburg
Superior Court of Pennsylvania
Appeal, No. 55, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., Fourth. Term, 1909, No. 139, on verdict, for plaintiff in case of S. C. Switzer v. City of Pittsburg. Trespass to recover damages for personal injuries. Before Carnahan, J. The opinion of the Superior Court states the circumstances of the accident. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was injured by stepping on the rim of a sewer drop the top of which was open and permitted his foot to slip into the hole, whereby his leg was broken. The accident occurred at night while he was walking from his place of work to his home on Frazier street. This street is laid out in part on a hillside, the descent from the intersection of Gorman alley to Bates street being quite precipitous. This part of the street was not improved but a public sewer was constructed therein and persons employed in the mill district in the vicinity *185used a path in the…
2Cases cited3 opinions
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Rosevere v. BoroughSupreme Court of Pennsylvania · 1895
- Goff v. City of PhiladelphiaSupreme Court of Pennsylvania · 1906
3Cited by1 opinion
- Jeske v. City of PittsburghSuperior Court of Pennsylvania · 1933