Philadelphia v. Smith
Supreme Court of Pennsylvania
Error, No. 27, July T. 1888, to O. P. No. 1, Philadelphia Co. to review a judgment upon a verdict for the plaintiff in an action of trespass, at March T. 1885, No. 73. The evidence was to the following effect: In February, 1885, the Ellis Estate was, and had been for a long time, the owner of a row of houses on the east side of Nor-wood street, between Montgomery and Columbia avenues, in the Twenty-ninth "Ward of the city of Philadelphia.
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Error, No. 27, July T. 1888, to O. P. No. 1, Philadelphia Co. to review a judgment upon a verdict for the plaintiff in an action of trespass, at March T. 1885, No. 73. The evidence was to the following effect: In February, 1885, the Ellis Estate was, and had been for a long time, the owner of a row of houses on the east side of Nor-wood street, between Montgomery and Columbia avenues, in the Twenty-ninth "Ward of the city of Philadelphia. Sometime late in the year 1884 the estate made connections between the houses in the row and the sewer in the street. The doing of this work necessitated…
1Opinion of the Court
Sterrett, J.,
-All the questions of fact presented by the evidence in this case were submitted to the jury in a clear and comprehensive charge to which no just exception can be taken.
In substance, the jury were instructed that plaintiff below could not x’ecover unless the city was guilty of negligence in permitting the side-walk in question to remain in a dangeroxxs condition after notice, express or implied, that it was unsafe for public use. “Implied notice,” said the learned judge, “is the notice which the city is presumed to have when an obstructioxi in the public highway has existed so…
2Cases cited2 opinions
- Lower Macungie Township v. MerkhofferSupreme Court of Pennsylvania · 1872
- Borough of West Chester v. AppleSupreme Court of Pennsylvania · 1860
3Cited by2 opinions
- Young v. City of Webb CitySupreme Court of Missouri · 1899
- Mooney v. Luzerne BoroughSupreme Court of Pennsylvania · 1898