Legal Opinion

John v. Philadelphia

Superior Court of Pennsylvania

Decided February 14, 1902No. Appeal, No. 273PublishedCited by 3 opinions

Appeal, No. 273, Oct. T., 1900, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1899, No. 691, on verdict for plaintiff in case of Janette- S. John v. Philadelphia, Appellant, and Union Traction Company. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that the plaintiff was injured on December 1, 1899, by stepping into a hole in the asphalt pavement opposite to Broad street station in the city of Philadelphia.

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Appeal, No. 273, Oct. T., 1900, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1899, No. 691, on verdict for plaintiff in case of Janette- S. John v. Philadelphia, Appellant, and Union Traction Company. Trespass to recover damages for personal injuries. Before Brégy, J. At the trial it appeared that the plaintiff was injured on December 1, 1899, by stepping into a hole in the asphalt pavement opposite to Broad street station in the city of Philadelphia. The court entered a nonsuit in favor of the Union Traction Company, and the ease was tried on its merits and resulted in a…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action of trespass brought against the city of Philadelphia and the Union Traction Company to recover damages for personal injuries sustained by the plaintiff in consequence of stepping into a hole; Avhich, it was alleged, was negligently allowed to be and remain in the pavement at a street crossing. To be more specific, the plaintiff alleged in her statement of claim: that it was the duty of the city to maintain or cause to be maintained in good and safe condition, order and repair, the streets and crossings of its several highways; that by ordinance duly…

2Cases cited2 opinions

  1. Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
  2. McCarthy v. ShonemanSupreme Court of Pennsylvania · 1901

3Cited by3 opinions

  1. Shaughnessy v. PittsburgSuperior Court of Pennsylvania · 1902
  2. Crane v. LynchSuperior Court of Pennsylvania · 1905
  3. Dempsey v. DeversSuperior Court of Pennsylvania · 1910

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