Legal Opinion

Duvall v. City of New Castle

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 56PublishedCited by 14 opinions

Appeal, No. 56, April T., 1920, by defendant, from judgment of C. P. Lawrence County, Sept. T., 1916, No. 68, on verdict for plaintiff in the case of Almira J. Duvall v. City of New Castle. Trespass to recover damages for personal injuries. Before Emery, P. J. The facts are stated in the opinion of the Superior Court, Verdict for plaintiff for $1,300 and judgment thereon. Defendant appealed.

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Appeal, No. 56, April T., 1920, by defendant, from judgment of C. P. Lawrence County, Sept. T., 1916, No. 68, on verdict for plaintiff in the case of Almira J. Duvall v. City of New Castle. Trespass to recover damages for personal injuries. Before Emery, P. J. The facts are stated in the opinion of the Superior Court, Verdict for plaintiff for $1,300 and judgment thereon. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Keller, J.,

The verdict for the plaintiff settled all disputed matters of evidence in her favor. We must, therefore, consider it established that, while walking on the sidewalk on East' street, a main traveled highway in the City of New Castle, she was injured by a fall from slipping on a ridge or mound of ice, four or six inches high, extending across the sidewalk and caused by defective spouting on the house fronting at this point, which permitted water to leak or drop on the steps below and flow across the pavement until frozen; and that this condition had existed for ten days or…

2Cases cited15 opinions

  1. Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
  2. Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
  3. Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
  4. Holbert v. PhiladelphiaSupreme Court of Pennsylvania · 1908
  5. Llewellyn v. Wilkes-BarreSupreme Court of Pennsylvania · 1916

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

3Cited by14 opinions

  1. Williams v. KozlowskiSupreme Court of Pennsylvania · 1933
  2. McMillan v. Mountain Laurel Racing, Inc.Superior Court of Pennsylvania · 1976
  3. Seng v. American Stores Co.Supreme Court of Pennsylvania · 1956
  4. Solinsky v. Wilkes-BarreSupreme Court of Pennsylvania · 1953
  5. Strauch v. ScrantonSuperior Court of Pennsylvania · 1945

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

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