Legal Opinion

Polenske v. Lit Bros.

Superior Court of Pennsylvania

Decided December 2, 1901No. Appeal, No. 163PublishedCited by 17 opinions

Appeal, No. 163, Oct. T., 1901, by defendants, from judgment of C. P. No. 4, Pbila. Co., Dec. T., 1900, No. 161, on verdict for plaintiff in case of Frederika Polenske v. Lit Brothers, a Corporation. Trespass for personal injuries. Before Willson, J. The facts are stated in the opinion of the Superior Court. The court submitted the case to the jury. Verdict and judgment for plaintiff for 1700. Defendant appealed. Error assigned was in submitting the case to the jury.

1Opinion of the Court

Opinion by

William W. Porter, J.,

This is an action for damages for personal injuries. The appellant contends that the court below erred because it did not, as matter of law, hold that no negligence was shown on the part of the defendants and that there was contributory negligence shown on the part of the plaintiff. It follows that we must review some of the facts.

The defendants are proprietors of a large modem general *476retail store, in the city of Philadelphia. Across one of the aisles or passageways some small pipes were laid upon the floor and covered over by a strip of wood, beveled at the…

2Cases cited2 opinions

  1. Woodruff v. Painter & EldridgeSupreme Court of Pennsylvania · 1892
  2. Nicholson v. PhiladelphiaSupreme Court of Pennsylvania · 1900

3Cited by17 opinions

  1. Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
  2. Robb v. Niles-Bement-Pond Co.Supreme Court of Pennsylvania · 1921
  3. Mahoney v. JC Penney CompanyNew Mexico Supreme Court · 1962
  4. Rogers v. Max Azen, Inc.Supreme Court of Pennsylvania · 1940
  5. Albachten v. Golden RuleSupreme Court of Minnesota · 1917

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