Rementer v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1906, No. 572, on verdict for plaintiffs in case of John D. Rementer and Elizabeth S., his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for John D. Rementer for $500, and for Elizabeth S. Rementer for $300. Defendant appealed.
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Appeal, No. 89, Oct. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1906, No. 572, on verdict for plaintiffs in case of John D. Rementer and Elizabeth S., his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for John D. Rementer for $500, and for Elizabeth S. Rementer for $300. Defendant appealed. Errors assigned were (1) refusal of binding instructions for defendant, and (2) dismissing motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Beaver, J.,
In the court below, two verdicts and. two judgments thereon were entered in the same suit, one in behalf of the husband of the wife who was injured, as claimed, by the negligence of the defendant, and the other in behalf of the wife. An appeal was taken from each of these judgments, but they were argued together.
The plaintiffs claimed damages for an injury occasioned by a defect or break in the cover of a sewer inlet. The court refused the defendant’s point that “Under all the evidence in the case, the verdict must be for the defendant,” and also refused judgment non…
2Cases cited4 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Strader v. MonroeSupreme Court of Pennsylvania · 1902
- Easton v. PhiladelphiaSuperior Court of Pennsylvania · 1904
3Cited by6 opinions
- Seng v. American Stores Co.Supreme Court of Pennsylvania · 1956
- Duvall v. City of New CastleSuperior Court of Pennsylvania · 1920
- Carton Et Vir. v. PhiladelphiaSuperior Court of Pennsylvania · 1941
- Clark v. PhiladelphiaSuperior Court of Pennsylvania · 1911
- Nicolls v. Scranton ClubCourt of Appeals for the Third Circuit · 1954
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