Legal Opinion

Shafer v. Philadelphia

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 205PublishedCited by 14 opinions

Appeal, No. 205, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1913, No. 3447, on verdict for plaintiff in case of Harry B. Shafer and Mary Shafer, his wife, v. Philadelphia. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The circumstances of the accident are stated in' the opinion of the Superior Court.

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Appeal, No. 205, Oct. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1913, No. 3447, on verdict for plaintiff in case of Harry B. Shafer and Mary Shafer, his wife, v. Philadelphia. Trespass to recover damages for personal injuries. Before Staples, P. J., specially presiding. The circumstances of the accident are stated in' the opinion of the Superior Court. Yerdict and judgment for Harry B. Shafer for $225, and for Mary Shafer for $500. Defendant appealed. • Error assigned was in refusing binding instructions for defendant. cited: Mason v. Philadelphia, 205…

1Opinion of the Court

Opinion by

Trexler, J.,

The questions involved in this case were properly submitted to the jury by the learned trial judge in a fair and adequate charge and the verdict for the plaintiff should not be disturbed.

The accident which is the basis of plaintiff’s claim occurred at half.past eleven o’clock in the evening of a dark night as plaintiff was returning home from the theater. When she came to the driveway which crossed the pavement and afforded access to a garage, she fell into the depression caused by the difference in the levels of the pavement and driveway, a difference in grade of three…

2Cases cited10 opinions

  1. Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
  2. Musselman v. Hatfield BoroughSupreme Court of Pennsylvania · 1902
  3. Gillard v. City of ChesterSupreme Court of Pennsylvania · 1905
  4. Mason v. PhiladelphiaSupreme Court of Pennsylvania · 1903
  5. Goff v. City of PhiladelphiaSupreme Court of Pennsylvania · 1906

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Mull v. IckesSuperior Court of Pennsylvania · 2010
  2. Burns v. City of PittsburghSupreme Court of Pennsylvania · 1935
  3. Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
  4. Williams v. KozlowskiSupreme Court of Pennsylvania · 1933
  5. Dillow v. City of YumaArizona Supreme Court · 1940

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