Lohr v. Philipsburg Borough
Supreme Court of Pennsylvania
Appeal, No. 430, Jan. T.,1894, by defendant, from judgment of C. P. Centre Co., Aug. T., 1890, No. 182, on verdict for plaintiff. Trespass'for personal injuries, caused by falling upon alleged defective sidewalk. Before Furst, P. J. At the trial it appeared that, on April 29, 1890, plaintiff slipped on an alleged defective sidewalk in the borough of Philipsburg, and injured herself.
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Appeal, No. 430, Jan. T.,1894, by defendant, from judgment of C. P. Centre Co., Aug. T., 1890, No. 182, on verdict for plaintiff. Trespass'for personal injuries, caused by falling upon alleged defective sidewalk. Before Furst, P. J. At the trial it appeared that, on April 29, 1890, plaintiff slipped on an alleged defective sidewalk in the borough of Philipsburg, and injured herself. The case had been previously tried, appealed and reported in 156 Pa. 246, where the judgment was reversed, and new venire awarded. At the second trial plaintiff proposed to show by David Lohr, plaintiff’s husband,…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
It is essential to the plaintiff’s recovery in this action that she should show by competent evidence a defective and dangerous condition of the sidewalk which was the sole cause of the injury she received and of which the borough had actual or constructive notice before the accident. We think that the evidence descriptive of the condition of the sidewalk’two days after she fell upon it was admissible. It is not alleged that there was any change in its condition from the time of her fall to the time of the examination of it by Lohr and Emory. If the condition…
2Cases cited1 opinion
- Commonwealth v. SchollenbergerSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Bryan Et Ux. v. Barber Asphalt Co.Supreme Court of Pennsylvania · 1927
- Borough of Du Bois v. PancoastCourt of Appeals for the Third Circuit · 1914
- Beck v. Germantown Cricket ClubSuperior Court of Pennsylvania · 1908
- McClosky v. BoroughSuperior Court of Pennsylvania · 1897
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