Clark v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 154, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 4,512, in case of Elizabeth Clark, administratrix in the estate of Frank P. Clark, and Elizabeth Clark v. City of Philadelphia.' Trespass to recover damages for personal injuries. Before Audenried, J. The circumstances of the accident are set forth in the opinion of the Superior Court.
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Appeal, No. 154, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 4,512, in case of Elizabeth Clark, administratrix in the estate of Frank P. Clark, and Elizabeth Clark v. City of Philadelphia.' Trespass to recover damages for personal injuries. Before Audenried, J. The circumstances of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for Elizabeth Clark for $750 and for the estate of Frank P. Clark for $250. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The only error assigned is that the court erred in refusing to direct a verdict in favor of the defendant, and subsequently, in refusing to enter a judgment non obstante veredicto in its favor.
The plaintiff was injured by falling on a pavement, while walking with a friend and using the ordinary precautions exacted of pedestrians. The cause of her fall was the subject of such positive contradictions from witnesses *255who should have had personal knowledge of the facts, that there was but one way to have them reconciled, that is, by referring that controversy to a jury for…
2Cases cited10 opinions
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Collins v. PhiladelphiaSupreme Court of Pennsylvania · 1910
- Esher v. Mineral Railroad & Mining Co.Superior Court of Pennsylvania · 1905
- Rementer v. PhiladelphiaSuperior Court of Pennsylvania · 1909
- Walton v. Colwyn BoroughSuperior Court of Pennsylvania · 1902
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3Cited by2 opinions
- Greenblatt v. FoxSuperior Court of Pennsylvania · 1915
- Councilman v. BoroughSuperior Court of Pennsylvania · 1912