Rockwell v. Borough of Eldred

Citations

• 7 Pa. Super. 95
• 1898 Pa. Super. LEXIS 243

Syllabus

<p>Practice, G. P. — Appeals—Nonsuit as error.</p> <p>Neither the entry nor the refusal of a compulsory nonsuit can be assigned for error; a refusal to take it off is the only action respecting it which can be reviewed.</p> <p>Question for jury — Municipal law — Negligence—Sideiualk.</p> <p>Where there was evidence that the sidewalk, at the point where the plaintiff was injured, was out of repair, damaged and dangerous; that the defects caused the injury complained of without negligence on the part of the plaintiff; that they had existed for a period sufficient to visit the municipal officials with constructive notice; and that those officials had actual notice of the condition of the walk previous to the accident, the case clearly demands submission to the jury.</p> <p>Tort — Measure of damages — Personal disfigurement.</p> <p>Where,.as the result of a tort, the plaintiff sustains a personal mutilation which may make him an object of curiosity or ridicule, he may recover for the mortification arising therefrom.</p>