Green v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 176, Oct. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 2572, on verdict for plaintiff- in case of William M. Green and Sarah Green, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries, sustained by falling into a coal hole in the sidewalk of the premises, 1744 Lombard street, in the City of Philadelphia. Before McMichaed, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 176, Oct. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 2572, on verdict for plaintiff- in case of William M. Green and Sarah Green, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries, sustained by falling into a coal hole in the sidewalk of the premises, 1744 Lombard street, in the City of Philadelphia. Before McMichaed, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $200.00. Defendant appealed. Error assigned was in refusing binding instructions…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action to recover damages for personal injuries sustained by falling into a coal hole, because of its defective cover, in the sidewalk of Lombard street in the City of Philadelphia. The chief question before us is whether the city had notice of the defective condition of the sidewalk. The primary duty of keeping a sidewalk in repair rests upon the owner or occupier of the abutting premises. The duty of the municipality is to see that the owner or occupier performs his dirty. If it fails in this respect it is liable to the injured party but the owner or…
2Cases cited6 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Burns v. City of BradfordSupreme Court of Pennsylvania · 1891
- Duncan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Brader v. Township of LehmanSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Murray v. SiegalSupreme Court of Pennsylvania · 1963
- German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
- Siger v. PittsburghSuperior Court of Pennsylvania · 1944
- Stanka v. Shamokin BoroughSuperior Court of Pennsylvania · 1917
- Vendig v. Union League of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1927