Dwyer v. Port Allegheny Borough
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1906, by plaintiff, from order of C. P.. McKean Co., Oct. T., 1904, No. 96, refusing to take off nonsuit in case of Michael J. Dwyer v. Port Allegheny Borough. Trespass to recover damages for personal injuries. Before Bouton, P. J. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The case as exhibited on behalf of the plaintiff showed that the injury for which compensation is demanded was sustained under tjie following circumstances :
In the late afternoon or early evening of February 17,1904, while walking in the borough of Port Allegheny, the plaintiff slipped and fell in consequence of the icy condition of the pavement, his fall resulting in a broken limb. At the point where the accident happened, and for quite a distance on either side, the pavement, in consequence of an accumulation of ice thereon, was, and had been for some time, in…
2Cited by4 opinions
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- Clarke v. Valley Forge Sheraton, Pennsylvania Court of Common Pleas, Montgomery County2001