Stern v. Reading
Supreme Court of Pennsylvania
Appeal, No. 7, Jan. T., 1916, by plaintiff, from final order of C. P. Berks Co., Dec. T., 1913, No. 49, refusing to take off a compulsory nonsuit, in case of George Stern v. City of Beading. Trespass to recover damages for personal injuries. There was evidence that the hole in the street alleged to have caused plaintiff’s fall was 20 inches long, 12 inches wide and 8 inches deep. Further facts appearJby the opinion of the Supreme Court.
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Appeal, No. 7, Jan. T., 1916, by plaintiff, from final order of C. P. Berks Co., Dec. T., 1913, No. 49, refusing to take off a compulsory nonsuit, in case of George Stern v. City of Beading. Trespass to recover damages for personal injuries. There was evidence that the hole in the street alleged to have caused plaintiff’s fall was 20 inches long, 12 inches wide and 8 inches deep. Further facts appearJby the opinion of the Supreme Court. The trial judge entered a compulsory nonsuit which the court subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
While driving on Fifth street, in the City of Reading, the pin bolt of the shafts of plaintiff’s wagon was dislodged and the vehicle was so jarred that he was thrown from his seat onto the street. The wheels of the wagon passed over him and he was severely injured. In this action he avers that the dislodging of the pin bolt was caused by a wheel of his wagon getting into a hole at the intersection of Fifth and Chestnut streets. It was shown that there was a hole at that point, that the pin bolt had been dislodged and that plaintiff had fallen from his wagon…
2Cases cited1 opinion
- Reddington v. City of PhiladelphiaSupreme Court of Pennsylvania · 1916
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- Harrison Et Vir. v. PennsylvaniaSupreme Court of Pennsylvania · 1945
- Liguori v. PhiladelphiaSupreme Court of Pennsylvania · 1944
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