Collins v. Philadelphia
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1907, No. 4,628, on verdict for plaintiffs in case of Catharine Collins, by her next friend and father, Patrick Collins, and Patrick Collins in his own right v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court.
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Jan. T., 1909, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1907, No. 4,628, on verdict for plaintiffs in case of Catharine Collins, by her next friend and father, Patrick Collins, and Patrick Collins in his own right v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for Catharine Collins for $7,500, and for Patrick Collins for $2,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
February 14,1910:
One of the plaintiffs, a girl fifteen years of age, on roller skates, was returning at night on the sidewalk of a dimly lighted street from a playground to her home. The sidewalk was only four feet wide between the housesteps and the curb. *123Sixteen inches from the curb there was a box extending from the paved surface down to a stopcock in a water pipe. The lid of this box had been off for three months, leaving an opening six inches square and eighteen inches deep. The front wheels of the plaintiff’s skate and her foot to the instep went down…
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