McHugh v. Kerr
Supreme Court of Pennsylvania
Appeal, No. 195, Jan. T., 1908, by-defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1902, No. 4010, on verdict for plaintiff in case of John C. McHugh v. Samuel T. Kerr, executor of Alexander Kerr, deceased. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $3,000 upon which judgment was entered for $2,000, all above that amount having been remitted.
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Appeal, No. 195, Jan. T., 1908, by-defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1902, No. 4010, on verdict for plaintiff in case of John C. McHugh v. Samuel T. Kerr, executor of Alexander Kerr, deceased. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $3,000 upon which judgment was entered for $2,000, all above that amount having been remitted. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The plaintiff was injured by falling into the cellarway leading from the front of the building owned by the defendant to the cellar under it. The steps are at right angles to the building, which is on the west side of North Sixth street, between Market and Arch streets, in the city of Philadelphia. The cellarway is five feet three inches long and three feet eight inches in width. There is no guard rail on the south side of it. There was a stone on that side, called a guard stone by one of the witnesses for the defendant, which was about seven or eight inches high…
2Cases cited1 opinion
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
3Cited by6 opinions
- Brown v. MilliganSuperior Court of Pennsylvania · 1907
- Ford v. PhiladelphiaSuperior Court of Pennsylvania · 1911
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1904
- Tolan v. PhiladelphiaSuperior Court of Pennsylvania · 1908
- Wertz v. WilliamsportSuperior Court of Pennsylvania · 1917
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