Legal Opinion

Becker v. Philadelphia

Supreme Court of Pennsylvania

Decided June 22, 1905No. Appeal, No. 26PublishedCited by 10 opinions

Appeal, No. 26, Jan. T., 1905, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1901, No. 239, refusing to take off nonsuit in case of Charles Ell-wood Becker and Margaret Becker, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Me. Justice Brown,

About eleven o’clock on the morning of October 12, 1901, Margaret Becker, while walking on South Broad street, in the city of Philadelphia, a little north of Lombard street, stepped into an opening in the pavement, fell and was injured. This opening was in front of property No. 423, about five feet from the curb line, and was nineteen inches long and eig'hteen inches wide. A tree had formerly stood there, having been one of a row planted along the east side of Broad street from Pine to Lombard, but which had been cut down some time before.

If nothing more than the…

2Cases cited1 opinion

  1. Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897

3Cited by10 opinions

  1. Sculley v. PhiladelphiaSupreme Court of Pennsylvania · 1955
  2. Emmey v. Stanley Co. of AmericaSuperior Court of Pennsylvania · 1939
  3. Hammer v. City of PhiladelphiaSuperior Court of Pennsylvania · 1931
  4. Brown v. MilliganSuperior Court of Pennsylvania · 1907
  5. Hardiman v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1940

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