McCarron v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 199, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 5,417, on verdict for plaintiff in case of Charles McCarron, by his father, John J. McCarron, v. City of Philadelphia. Trespass to recover damages for personal injuries to a child four years old. Carr, J., stated the facts to be as follows: This was a suit brought to recover damages for injuries suffered by Charles McCarron, a minor.
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Appeal, No. 199, Oct. T., 1910, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1908, No. 5,417, on verdict for plaintiff in case of Charles McCarron, by his father, John J. McCarron, v. City of Philadelphia. Trespass to recover damages for personal injuries to a child four years old. Carr, J., stated the facts to be as follows: This was a suit brought to recover damages for injuries suffered by Charles McCarron, a minor. The accident happened on March 11, 1908, and he was about four years of age. A flagstone four feet long, three feet wide and two to three inches thick, fell…
1Opinion of the Court
Opinion by
Rice, P. J.,
The facts of this case are clearly and accurately stated by the learned trial judge in his opinion overruling the defendant’s motions for a new trial and for judgment non obstante veredicto, and need not be restated by us. It is contended that the stone was not in a position where any one using the street would have occasion to go, and, therefore, the court should have charged that the allegation that the city was negligent in permitting it to remain was not sustained. As there was abundant evidence of constructive notice to the city of the conditions that had existed…
2Cited by2 opinions
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