Kennedy v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 172, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 50, on verdict for plaintiff in case of Margaret Kennedy v. City of Pittsburgh. Trespass to recover damages for personal injuries. Before Carnahan, J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $2,250 and judgment thereon. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
If the plaintiff succeeded in showing that the defendant was guilty of negligence, she at the same time most clearly established her own as a contributing cause of the injuries she sustained. In broad daylight, between two and three o’clock on the afternoon of March 23, 1907, as she was walking on Fifth avenue, in the city of Pittsburgh, and could have seen any obstruction in her way if she had exercised ordinary care in looking where she was going, she stumbled over a stone block in the center of the sidewalk, which protruded four or five inches above the…
2Cases cited2 opinions
- Shallcross v. City of PhiladelphiaSupreme Court of Pennsylvania · 1898
- Kennedy v. PhiladelphiaSupreme Court of Pennsylvania · 1908
3Cited by5 opinions
- Lane v. DickinsonSupreme Court of Pennsylvania · 1923
- D'Annunzio v. Philadelphia Suburban Water Co.Superior Court of Pennsylvania · 1940
- Montval Viuda de Cuevas v. López Hermanos, S. en C.Supreme Court of Puerto Rico · 1930
- Boland v. Scranton CitySuperior Court of Pennsylvania · 1915
- Montval de Cuevas v. López Hermanos, S. en C.Supreme Court of Puerto Rico · 1930