Kirshner v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 121, Oct. T., 1920, by plaintiff, from judgment of the Municipal Court of Philadelphia, July ,T., 1919, No. 55, for defendant non obstante veredicto in the case of Bruer Kirshner v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 121, Oct. T., 1920, by plaintiff, from judgment of the Municipal Court of Philadelphia, July ,T., 1919, No. 55, for defendant non obstante veredicto in the case of Bruer Kirshner v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict for the plaintiff for $1,-000. Subsequently the appellate division of the municipal court entered judgment for defendant non obstante veredicto. Plaintiff appealed. Error assigned, among others, was the order of the court.
1Opinion of the Court
Opinion by
Linn, J.,
Appellant sued the city to recover for injury sustained while stepping up from the cartway of a street to the sidewalk. His description of the accident is, “I was going up the street to Greenway avenue and Alden, and walked across the street to Greenway avenue, and walked on the pavement, and when I went on top of the culvert I went down with it.” By “culvert” he meant the iron cover over a sewer inlet. This cover formed part of the curb and sidewalk. The evidence in the case is very meagre; no description or dimensions of the inlet cover, or of the place generally, are…
2Cases cited4 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Bean v. City of PhiladelphiaSupreme Court of Pennsylvania · 1918
- Hentz v. Borough of SomersetSuperior Court of Pennsylvania · 1896
3Cited by1 opinion
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923