Strahl v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 88, Oct. T., 1908, by defendant, from judgment of C. P, No. 1, Phila. Co., Sept. T., 1906, No. 405, on verdict for plaintiff in case of Charles Strahl v. Philadelphia. Trespass to recover damages for personal injuries. Before Magill, J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing binding instructions for defendant. cited: Boehm v. Bethlehem Borough, 4 Pa.
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Appeal, No. 88, Oct. T., 1908, by defendant, from judgment of C. P, No. 1, Phila. Co., Sept. T., 1906, No. 405, on verdict for plaintiff in case of Charles Strahl v. Philadelphia. Trespass to recover damages for personal injuries. Before Magill, J. The facts are stated in the opinion of the Superior Court. Error assigned was in refusing binding instructions for defendant. cited: Boehm v. Bethlehem Borough, 4 Pa. Superior Ct. 385; Schwarz v. R. R. Co., 218 Pa. 187; Monongahela City v. Fischer, 111 Pa. 9; Siegler v. Mellinger, 203 Pa. 256; Knox v. Ry. Co., 202 Pa. 504; Hodder v. Transit Co.,…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an ordinary trespass case based on the alleged negligence of the defendant in allowing a hole or trench, about twelve *303feet deep, to extend into the embankment, used and designed as a footwalk on one of the public streets of the city. The trench extended about six feet into the embankment, leaving an unbroken walk of about four feet from the edge of the traveled highway. The embankment was elevated about fourteen feet above the meadow land to the east. The washout or trench was caused by a flood on July 4, 1906. The plaintiff fell into it on the evening of August…
2Cases cited5 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Knox v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
- Hodder v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Clark v. Union Traction Co.Supreme Court of Pennsylvania · 1905
- Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.Supreme Court of Pennsylvania · 1898