Barnes v. Sowden

Citations

• 119 Pa. 53
• 12 A. 804
• 1888 Pa. LEXIS 524

Syllabus

<p>Where, in an action to recover damages for injuries from a fall of the plaintiff into a ditch cut across a city pavement, there was no conflict in the testimony that the defendant was lawfully engaged in making the excavation, that he was conducting the work with care and dispatch, and that the plaintiff could not have failed to observe the presence of the obstruction, it was error to refuse to instruct the jury to find for the defendant.</p>