Homestead Borough v. Homestead Lumber Co.

Citations

• 47 Pa. Super. 500
• 1911 Pa. Super. LEXIS 190

Syllabus

<p>Negligence — Boroughs—Sidewalk—Abutting owner — Suit by borough —Evidence—Nonsuit.</p> <p>In an action by a borough against the owner of land abutting on a street, to recover the amount of a judgment which the borough was compelled to pay for personal injuries, alleged to have been caused by the negligent piling of lumber on the sidewalk by the defendant, a non-suit is properly entered, where the borough merely puts in evidence so much of the record in the prior negligence suit as to show the plaintiff’s statement, and that a judgment was recovered and paid, and it appears that the statement showed that the plaintiff had averred not merely negligence in permitting -the lumber to be on the sidewalk, but also negligence in permitting the sidewalk to be out of repair. In such a case the borough is bound to show on what ground the jury found a verdict against the borough, and this it can only do by introducing in evidence the charge of the court and the evidence introduced in the former suit.</p>