Kies v. City of Erie
Supreme Court of Pennsylvania
Appeal, No. 431, Jan. T., 1895, by defendant, from judgment of C. P. Erie Co., Sept. T., 1891, No. Ill, on verdict for plaintiff. Trespass for personal injuries. Before Gunnison, P. J. At the trial it appeared that in April, 1886, plaintiff was' struck by the doors of a fire engine house which were suddenly and violently opened across the pavement on which she was walking.
Read the full summary
Appeal, No. 431, Jan. T., 1895, by defendant, from judgment of C. P. Erie Co., Sept. T., 1891, No. Ill, on verdict for plaintiff. Trespass for personal injuries. Before Gunnison, P. J. At the trial it appeared that in April, 1886, plaintiff was' struck by the doors of a fire engine house which were suddenly and violently opened across the pavement on which she was walking. The doors were heavy wooden doors, ten or twelve feet high and six feet wide, which swung outward half way across the pavement. Large steel springs were attached to the outside of the doors, and so arranged as to open them…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The specifications of error raise the single question whether the testimony justified the submission of the case to the jury. The same parties were before the court in 1890 in an action to recover for the same injury, that action being based upon the alleged negligence of a fireman in the employ of the city of Erie in suddenly and violently opening outward over the pavement the doors of a building used by the fire department. The judgment of nonsuit entered in the common pleas was affirmed by this court for the reason that the municipality was not responsible for…
2Cases cited1 opinion
- Kies v. City of ErieSupreme Court of Pennsylvania · 1890
3Cited by14 opinions
- Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
- Bucholz v. City of Sioux FallsSouth Dakota Supreme Court · 1958
- Hill v. Allentown Housing AuthoritySupreme Court of Pennsylvania · 1953
- Stevens Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1937
- Walters v. City of CarthageSouth Dakota Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.