O'Hey v. Commonwealth Title Insurance & Trust Co.

Citations

• 27 Pa. Super. 137
• 1905 Pa. Super. LEXIS 21

Syllabus

<p>Negligence — Sidewalk—Evidence as to locality of accident.</p> <p>In an action to recover damages for personal injuries sustained by a fall in a hole in a sidewall!;, it appeared that defendant owned four lots nu'mbered 256, 258, 260 and 262. The statement of claim averred that the hole was in the pavement of No. 256. Plaintiff testified that she was injured in front of No. 256, or between that lot and No. 258. Two persons who assisted the plaintiff after the accident, testified that they thought that the accident occurred in front of No. 260. A third person who came up immediately afterward described the location as at or near 260, but he stated that the other two witnesses had carried the plaintiff bodily before he came up. The evidence, showed that there was a hole near the dividing line of lots Nos. 256 and 258, and that the pavement in front of No. 260 was without defect. Held, that the court could not depiare that there was a positive contradiction in the evidence offered by plaintiff, but that it was for the jury to say whether there was conflict in the evidence.</p>