McDevit v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 109, Oct. T., 1907, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1905, No. 4,244, on verdict for plaintiff in case of Catharine Mc-Devitt, by her next friend and mother Laura Brady, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $925. Defendant appealed.
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Appeal, No. 109, Oct. T., 1907, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1905, No. 4,244, on verdict for plaintiff in case of Catharine Mc-Devitt, by her next friend and mother Laura Brady, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $925. Defendant appealed. Errors assigned were (1) in refusing binding instructions for defendant; and (2) in overruling defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of trespass the plaintiff averred that on February 13, 1905, she slipped and fell on an accumulation of *318ice and snow at the northeast corner of Ninth street and Columbia avenue in Philadelphia. The evidence establishes the fact, quite clearly, that she was seriously injured.
The learned court refused the defendant’s point that: “Under all the evidence in this case your verdict must be for. the City of Philadelphia, defendant;’’ and submitted the evidence to the jury and they returned a verdict of $925 for the plaintiff. The court also overruled the motion…
2Cases cited6 opinions
- Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
- McLaughlin v. City of CorrySupreme Court of Pennsylvania · 1875
- Decker v. Scranton CitySupreme Court of Pennsylvania · 1892
- Manross v. City of Oil CitySupreme Court of Pennsylvania · 1896
- Wyman v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Canfield v. PhiladelphiaSuperior Court of Pennsylvania · 1938