Legal Opinion

Ferguson v. Sturch

Superior Court of Pennsylvania

Decided December 20, 1915No. Appeal, No. 67PublishedCited by 2 opinions

Appeal, No. 67, Oct. T., 1915, by defendant, from judgment of Municipal Court of Philadelphia Co., Jan. T., 1915, No. 57, on verdict for plaintiff in case of Clementine M. Ferguson v. Harry H. Sturch. Trespass to recover damages for personal injuries. Before Bonniwell, J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed.

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Appeal, No. 67, Oct. T., 1915, by defendant, from judgment of Municipal Court of Philadelphia Co., Jan. T., 1915, No. 57, on verdict for plaintiff in case of Clementine M. Ferguson v. Harry H. Sturch. Trespass to recover damages for personal injuries. Before Bonniwell, J. The facts relating to the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in refusing to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Trexler, J.,

The negligence charged in plaintiff’s statement is that the defendant, a boarding house keeper, failed to have the hallways and stairways of his house properly lighted and that on the fifth of November, 1914, he knowingly permitted them to be in total darkness and that further he permitted the carpet covering the stairways to be and remain in a worn out condition with a large hole in the carpet at the head of the stairs and that by reason of his failure to exercise due care in the premises, plaintiff was unable to see the hole on account of the darkness and her foot…

2Cases cited2 opinions

  1. Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  2. Susko v. Harleigh-Brookwood Coal Co.Supreme Court of Pennsylvania · 1914

3Cited by2 opinions

  1. Scull v. EpsteinSuperior Court of Pennsylvania · 1950
  2. Kins v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1943

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