Lohr v. Philipsburg Borough
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1893, by defendant, from judgment of C. P. Centre Co., August T., 1890, ]STo. 182, on verdict for plaintiff, Isabella Lohr. 5 it 7 Trespass for injuries caused by defective sidewalk. At the trial, before Furst, P. J., it appeared that, on April 29, 1890, plaintiff slipped on a defective sidewalk in the borough of Philipsburg, and injured herself. The sidewalk was made of hemlock boards, and had been down for about seven years.
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Appeal, No. 147, Jan. T., 1893, by defendant, from judgment of C. P. Centre Co., August T., 1890, ]STo. 182, on verdict for plaintiff, Isabella Lohr. 5 it 7 Trespass for injuries caused by defective sidewalk. At the trial, before Furst, P. J., it appeared that, on April 29, 1890, plaintiff slipped on a defective sidewalk in the borough of Philipsburg, and injured herself. The sidewalk was made of hemlock boards, and had been down for about seven years. There was evidence that such a board walk would rot out in about four or five years. Dr. S. F. Lytle, plaintiff’s witness, under objection and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first assignment of error we are obliged to sustain. The general effect of Lytle’s testimony was that Warfel said he had told the chief of police to notify Mrs. Long about her pavement in the fall of 1889, and yet it is conceded that Warfel was' not elected burgesfe of defendant until 1890. Lytle did not attempt to explain this discrepancy, and the learned judge should either have struck out the testimony as requested, or at least have called the jury’s attention to it, and instructed them distinctly that no notice or knowledge imputable to Warfel before he…
2Cases cited4 opinions
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
- Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
- Borough of Verona v. Allegheny Valley Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by38 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- German v. McKeesport City (Et Al.)Superior Court of Pennsylvania · 1939
- Philadelphia v. Reading Co.Supreme Court of Pennsylvania · 1928
- Dutton v. Lansdowne BoroughSupreme Court of Pennsylvania · 1901
- Mintzer v. GreenoughSupreme Court of Pennsylvania · 1899
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