Gerber v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 126, Oct. T., 1914, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1912, No. 1,924, on verdict for plaintiff in case of Esther Gerber v. Philadelphia. Trespass to recover damages for personal injuries. Before Audenried, J. . At the trial it appeared that on October 9, 1912, in the evening, plaintiff was injured by falling into an open trench in Lindley avenue, Philadelphia.
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Appeal, No. 126, Oct. T., 1914, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1912, No. 1,924, on verdict for plaintiff in case of Esther Gerber v. Philadelphia. Trespass to recover damages for personal injuries. Before Audenried, J. . At the trial it appeared that on October 9, 1912, in the evening, plaintiff was injured by falling into an open trench in Lindley avenue, Philadelphia. The circumstances of the accident are stated in the opinion of the Superior Court. The court charged in part as follows: [Now was it the reasonable thing for the city’s people to have left…
1Opinion of the Court
Opinion by
Kephabt, J.,
Fishers lane, now Lindley avenue, was confirmed to a width of sixty feet by the bureau of surveys of the city of Philadelphia on December 19, 1892, and so appeared on the city plan on October 9, 1912. The traveled way within the street lines occupied but thirty-three feet of this width. The city of Philadelphia, by ordinance of December 2, 1911, directed the street to be enlarged to its full width. Within three months afterwards the property owners were notified and on Jun,e 7, 1912, the city filed its bond to the property owners for the additional land outside the…
2Cases cited9 opinions
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- Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
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