Rick v. City of Wilkes-Barre
Superior Court of Pennsylvania
Appeal, No. 12, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1894, No. 575, on verdict for plaintiff. Trespass. Before Benhett, J. It appears from the evidence that plaintiff was injured by falling in one of the streets of the city of Wilkes-Barre, under conditions which are sufficiently set forth in the opinion of the court.
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Appeal, No. 12, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1894, No. 575, on verdict for plaintiff. Trespass. Before Benhett, J. It appears from the evidence that plaintiff was injured by falling in one of the streets of the city of Wilkes-Barre, under conditions which are sufficiently set forth in the opinion of the court. Defendant submitted the following points: [1. Where a foot passenger at night voluntarily and without necessity for so doing, steps from the sidewalk to the cartway of a city street, without knowing that it could be done in safety, and is…
1Opinion of the Court
Opinion by
Berber, J.,
This is an action brought by plaintiff against defendant to recover damages for alleged negligence in constructing and maintaining a certain gutter and grate to draw the surface water from LeGrand avenue into Main street. It appears from the evidence that defendant constructed and maintained an iron gutter through the sidewalk of Main street where it crosses LeGrand avenue. The covered top of this iron gutter is on a level with the sidewalk, and it extends a short distance up LeGrand avenue. Over its mouth is an iron grate, whose base is two and three tenths feet wide,…
2Cases cited4 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- Hentz v. Borough of SomersetSuperior Court of Pennsylvania · 1896
3Cited by2 opinions
- Chambers v. Braddock BoroughSupreme Court of Pennsylvania · 1907
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1902