Reading City v. Reiner
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., Jan. T., 1893, No. 18, on verdict for plaintiff. Trespass to recover the amount of a judgment which the plaintiff was compelled to pay for personal injuries caused by a defect in defendant’s sidewalk.
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Appeal, No. 337, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., Jan. T., 1893, No. 18, on verdict for plaintiff. Trespass to recover the amount of a judgment which the plaintiff was compelled to pay for personal injuries caused by a defect in defendant’s sidewalk. Before Ermentrout, P. J, The facts of the ease appear by the opinion of Ermentrout, P. J., on rule for judgment, non obstante veredicto, which was as follows: “ At the trial the defendant presented, inter alia, two points which were reserved. They are as follows : “ 1. Under the evidence of the plaintiff, the verdict…
1Opinion of the Court
Per Curiam,
The dangerous character of the areaway extending into the sidewalk in front of the defendant’s premises was settled in McNerney v. City of Reading, 150 Pa. 611. McNerney who was injured by falling into the areaway recovered damages for his injury from the city in that case. The city now seeks reimbursement from the owner of the property. The building with the unguarded opening in the sidewalk was built by her predecessor in title, and was in the actual possession of a tenant at the time the injury happened. It is probable the city could have recovered from the tenant in possession;…
2Cases cited1 opinion
- McNerney v. Reading CitySupreme Court of Pennsylvania · 1892
3Cited by17 opinions
- Toth v. PhiladelphiaSuperior Court of Pennsylvania · 1968
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Brown v. WhiteSupreme Court of Pennsylvania · 1902
- Philadelphia v. Reading Co.Supreme Court of Pennsylvania · 1928
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
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