Legal Opinion

Wyman v. City of Philadelphia

Supreme Court of Pennsylvania

Decided April 13, 1896No. Appeal, No. 100PublishedCited by 9 opinions

Appeal, No. 100, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1893, No. 572, on verdict for plaintiff. Trespass for personal injuries. Before Brégy, J. At the trial it appeared that about 8 P. M. on January 16, 1893, plaintiff fell upon some ice and snow which, had accumulated on the sidewalk in front of the premises 1210 Walnut street in the city of Philadelphia.

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Appeal, No. 100, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1893, No. 572, on verdict for plaintiff. Trespass for personal injuries. Before Brégy, J. At the trial it appeared that about 8 P. M. on January 16, 1893, plaintiff fell upon some ice and snow which, had accumulated on the sidewalk in front of the premises 1210 Walnut street in the city of Philadelphia. His leg was broken, and he was taken to a hospital where he remained fourteen weeks. The evidence in behalf of the plaintiff tended to show that he. knew nothing of the condition of the pavement;…

1Opinion of the Court

Per Curiam,

The learned judge of the court below submitted this case to the jury in precise accord with our decisions in this class of cases and the jury found for the plaintiff the matter of fact thus submitted. The jury was carefully instructed that the city was not liable for a mere ordinary slippery condition of the sidewalk resulting from the sudden formation of ice, but that if the snow and ice existed in ridges and little hills and the pavement was permitted to remain in that condition for a length of time sufficient to charge the city with knowledge of the situation, and the…

2Cited by9 opinions

  1. Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
  2. Green v. HollidaysburgSupreme Court of Pennsylvania · 1912
  3. Charles Eneu Johnson Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1912
  4. Norbeck v. PhiladelphiaSupreme Court of Pennsylvania · 1909
  5. Ingram v. PhiladelphiaSuperior Court of Pennsylvania · 1908

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