Ponti v. Philadelphia
Superior Court of Pennsylvania
Appeals, Nos. 312 and 313, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2956, on verdict for plaintiffs in case of Francesca Ponti and Francesca Ponti, Administratrix of Estate of Condoloro Ponti, Deceased. Trespass to recover damages for injuries sustained by a fall on a defective sidewalk.
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Appeals, Nos. 312 and 313, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1909, No. 2956, on verdict for plaintiffs in case of Francesca Ponti and Francesca Ponti, Administratrix of Estate of Condoloro Ponti, Deceased. Trespass to recover damages for injuries sustained by a fall on a defective sidewalk. Before Carr, J. Verdict and judgment for Francesca Ponti for $1,000 and for Francesca Ponti, Administratrix of her deceased husband, Condoloro Ponti, deceased, for $468. Defendant appealed. Error assigned, among others, was in refusing binding instructions for…
1Opinion of the Court
Opinion by
Kephart, J.,
The plaintiff instituted this action to recover damages for failure of the defendant to keep its streets and highways in proper repair, by reason of which neglect she was injured. She stated that she fell on a sidewalk by stepping into a hole one and one-half inches deep and ten inches square in a concrete pavement. She had no knowledge of this defect and the testimony of her witness showed that it had been in the street for a long period of time before the accident. This witness states that it was about three-quarters of an inch in depth. The plaintiff was not bound by…
2Cases cited2 opinions
- Tarentum Lumber Co. v. MarvinSuperior Court of Pennsylvania · 1915
- Clark v. MillettSuperior Court of Pennsylvania · 1914
3Cited by8 opinions
- Burns v. City of PittsburghSupreme Court of Pennsylvania · 1935
- Emmey v. Stanley Co. of AmericaSuperior Court of Pennsylvania · 1939
- Henn v. PittsburghSupreme Court of Pennsylvania · 1941
- Hammer v. City of PhiladelphiaSuperior Court of Pennsylvania · 1931
- McCarthy Et Ux. v. Pgh.Superior Court of Pennsylvania · 1937
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