Garland v. City of Wilkes-Barre
Supreme Court of Pennsylvania
Appeal, No. 108, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1904, No. 53, on verdict for defendant in case of Bridget Garland v. City of Wilkes-Barre. Trespass to recover damages for personal injuries. Before Wheaton, J. At the trial it appeared that on January 9, 1904, at about half-past nine in the evening, plaintiff fell on the ice and snow at a public crossing in the city of Wilkes-Barre.
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Appeal, No. 108, Jan. T., 1905, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1904, No. 53, on verdict for defendant in case of Bridget Garland v. City of Wilkes-Barre. Trespass to recover damages for personal injuries. Before Wheaton, J. At the trial it appeared that on January 9, 1904, at about half-past nine in the evening, plaintiff fell on the ice and snow at a public crossing in the city of Wilkes-Barre. The evidence as to the condition of the street is set forth in the opinion of the .Supreme Court. The court gave binding instructions for defendant. Verdict and judgment…
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
The circumstances of this case are similar to those presented" in Mauch Chunk v. Kline, 100 Pa. 119, wherein it was held that *153the plaintiff must satisfy the jury that there was an obstacle, other than the mere slippery condition and smoothness of the surface that made the crossing where he fell dangerous. A general slippery condition of the street at a public crossing caused by the snow and ice in the winter time is not sufficient to charge the municipality with liability, for the obvious reason that it cannot prevent it: McLaughlin v. City of Corry, 77 Pa. 109.
In…
2Cases cited3 opinions
- McLaughlin v. City of CorrySupreme Court of Pennsylvania · 1875
- Burns v. City of BradfordSupreme Court of Pennsylvania · 1891
- Borough of Mauch Chunk v. KlineSupreme Court of Pennsylvania · 1882
3Cited by6 opinions
- Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
- McDonough v. Munhall BoroughSupreme Court of Pennsylvania · 1938
- Coleman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1930
- Ingram v. PhiladelphiaSuperior Court of Pennsylvania · 1908
- Blaine v. PhiladelphiaSuperior Court of Pennsylvania · 1907
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