Legal Opinion

New Castle v. Kurtz

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal, No. 157PublishedCited by 11 opinions

Appeal, No. 157, Oct. T., 1904, by plaintiff, from judgment of C. P. Lawrence Co., March T., 1902, No. 74, on verdict for defendant in case of City of New Castle v. Julia Maria Kurtz and Mary E. Clark et al. Trespass to recover the amount of a verdict rendered against plaintiff in an action for personal injuries. Before Wallace, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for defendants by instruction of the court.

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Appeal, No. 157, Oct. T., 1904, by plaintiff, from judgment of C. P. Lawrence Co., March T., 1902, No. 74, on verdict for defendant in case of City of New Castle v. Julia Maria Kurtz and Mary E. Clark et al. Trespass to recover the amount of a verdict rendered against plaintiff in an action for personal injuries. Before Wallace, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for defendants by instruction of the court. Judgment was entered on the verdict. jError assigned was in directing a verdict for defendants.

1Opinion of the Court

Opinion by

Mb. Justice Thompson,

This was an action by the appellant to recover, from the appellees the amount of a verdict that it was by suit compelled to pay to a person who had been injured by a fall caused by a ridge of ice formed in front of and upon the pavement of the properties owned by the appellees and occupied by tenants. The liability of the appellant in that action sprang from the actual notice to it, of the dangerous condition of the ice upon the pavement and after such notice its neglect to remove it. The proof there was that its street commissioner had express notice of the…

2Cases cited4 opinions

  1. Brown v. WhiteSupreme Court of Pennsylvania · 1902
  2. Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
  3. Burns v. City of BradfordSupreme Court of Pennsylvania · 1891
  4. Knauss v. BruaSupreme Court of Pennsylvania · 1884

3Cited by11 opinions

  1. Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
  2. Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
  3. German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
  4. Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
  5. Good v. PhiladelphiaSupreme Court of Pennsylvania · 1939

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