Vallo v. United States Express Co.
Supreme Court of Pennsylvania
Appeal, No. 198, Jan. T., 1891, by defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1889, No. 88, on verdict for plaintiff, Wm. A. Vallo. Trespass for personal injuries. At the trial before Pennypacker, J., it appeared that plaintiff, who was blind in one eye, was walking on the evening of July 1,1889, on Chestnut street in the city of Philadelphia.
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Appeal, No. 198, Jan. T., 1891, by defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1889, No. 88, on verdict for plaintiff, Wm. A. Vallo. Trespass for personal injuries. At the trial before Pennypacker, J., it appeared that plaintiff, who was blind in one eye, was walking on the evening of July 1,1889, on Chestnut street in the city of Philadelphia. A small, dark green safe belonging to the defendant had been lying on the defendant’s sidewalk for from two to five minutes before the plaintiff came along. As the plaintiff came opposite to defendant’s premises, a trunk was suddenly…
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
Tbe right of occupants of places of business upon a public street to use the sidewalk in front of their premises in receiving and sending out merchandise is not questioned. But the law imposes upon such persons, as it does upon all others using the sidewalk for any other lawful purpose, the duty to exercise their right, with a due regard to the safety of pedestrians, or, as was in substance said by the learned trial judge, in a reasonable manner: Com. v. Passmore, 1 S. & R. 219; Welsh v. Wilson, 101 N. Y. 254. What is a reasonable manner must always depend upon…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Welsh v. . WilsonNew York Court of Appeals · 1886
3Cited by19 opinions
- Hilscher v. IckingerSuperior Court of Pennsylvania · 1960
- Miller v. United StatesCourt of Appeals for the Third Circuit · 1943
- Fougeray v. PfliegerSupreme Court of Pennsylvania · 1934
- Hookey v. Borough of OakdaleSuperior Court of Pennsylvania · 1897
- Mullin v. Welsbach Street Lighting Co.Supreme Court of Pennsylvania · 1935
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