Behl v. Philadelphia

Citations

• 206 Pa. 329
• 55 A. 1029
• 1903 Pa. LEXIS 710

Syllabus

<p>Negligence — City—Defect in highway — Province of court and jury.</p> <p>In an action by a widow against a city to recover damages for the death of her husband, the evidence for the plaintiff tended to show that the deceased was thrown from his wagon by a jolt, or by the wheel of the wagon slipping into a hole or rut beside a railway track. The evidence for the defendant tended to show that the wheel had caught in the frog of the railroad track and given the wagon a sudden twist. Held, that the case was for the jury.</p>