Hibberd v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 353, Jan. T., 1913, by defendant, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2923, on verdict for plaintiff in case of John Hibberd v. City of Philadelphia. Trespass for personal injuries. Before Willson, P. J. Verdict for plaintiff for $3,500, and judgment thereon. Defendant appealed.
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Appeal, No. 353, Jan. T., 1913, by defendant, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2923, on verdict for plaintiff in case of John Hibberd v. City of Philadelphia. Trespass for personal injuries. Before Willson, P. J. Verdict for plaintiff for $3,500, and judgment thereon. Defendant appealed. Errors assigned were, among others, the refusal of defendant’s motion for judgment n. o. v., the ruling on evidence referred to in the opinion of the Supreme Court, and the charge of the court.
1Opinion of the Court
Per Curiam,
The appellee fell on an icy pavement in the City of Philadelphia* and, for the injuries sustained, he recovered a judgment in the court below, the jury having *267found that the city had been negligent in permitting the ice to remain on the pavement. This finding was justified by the testimony of several witnesses, who stated that the ice — from one to three inches in thickness — had been on the pavement for a week or ten days prior to the accident. It appeared that the plaintiff had testified, in his deposition taken some time bofore the trial, in view of his advanced age, that, when…
2Cases cited4 opinions
- Herron v. PittsburgSupreme Court of Pennsylvania · 1903
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Foote v. American Product Co.Supreme Court of Pennsylvania · 1900
- Riegert v. ThackerySupreme Court of Pennsylvania · 1905
3Cited by7 opinions
- Bailey v. Oil CitySupreme Court of Pennsylvania · 1931
- Williams v. ShultzSupreme Court of Pennsylvania · 1968
- Philadelphia v. BergdollSupreme Court of Pennsylvania · 1916
- Duvall v. City of New CastleSuperior Court of Pennsylvania · 1920
- McDonough v. Munhall BoroughSupreme Court of Pennsylvania · 1938
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