Brookville Borough v. Arthurs
Supreme Court of Pennsylvania
Appeal, No. 32, Oct. T., 1892, by defendant, Richard Arthurs, from judgment of C. P. Jefferson Co., Sept. T., 1889, No. 227, on verdict for plaintiff. Trespass to recover amount of judgment paid by defendant to Mamie G. Brosius for personal injuries sustained through alleged negligence of defendant in failing to keep a sidewalk in repair.
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Appeal, No. 32, Oct. T., 1892, by defendant, Richard Arthurs, from judgment of C. P. Jefferson Co., Sept. T., 1889, No. 227, on verdict for plaintiff. Trespass to recover amount of judgment paid by defendant to Mamie G. Brosius for personal injuries sustained through alleged negligence of defendant in failing to keep a sidewalk in repair. See Brookville v. Arthurs, 130 Pa. 501. At the trial, before Wilson, P. J., the court admitted under objection and exception evidence that defendant had been notified to repair sidewalk where accident had occurred [1-7, 11] also record of proceedings in…
1Opinion of the Court
Opinion by
Me. Justice Stebbett,
The six points for charge, presented by defendant, were evidently intended to elicit instructions applicable to any phase of the case that could be presented by the facts as they might be found by the jury from the evidence before them. All of these points, except the fifth, were affirmed by the court, without any qualification.
In affirming the first point, the learned judge instructed the jury, in the language thereof: “That in order to recover . . . . the plaintiff must show that the defendant was liable to. Mrs. Brosius for the injury complained of, and that…
2Cases cited1 opinion
- Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
3Cited by21 opinions
- Fisher v. DiehlSuperior Court of Pennsylvania · 1944
- The Pennsylvania Railroad Company, Third-Party v. Erie Avenue Warehouse Co., Third-PartyCourt of Appeals for the Third Circuit · 1962
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
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