Benton v. Philadelphia
| Decision Date | 18 February 1901 |
| Docket Number | 213 |
| Citation | 198 Pa. 396,48 A. 267 |
| Parties | Benton v. Philadelphia |
| Court | Pennsylvania Supreme Court |
Argued: January 11, 1901
Appeal, No. 213, Jan. T., 1900, by plaintiff, from order of C.P. No. 1, Phila. Co., March T., 1899, No. 626, refusing to take off nonsuit, in case of George V. Benton v. Philadelphia. Affirmed.
Trespass for personal injuries. Before BIDDLE, P.J.
At the trial it appeared that plaintiff, a man about sixty-two years of age, was injured on May 7, 1897, by falling from his bicycle while riding in Fairmount Park. He testified that in riding down hill he lost his pedal in crossing a gully, and while he was looking down trying to regain it, he crossed a second gully about six or eight feet from the first, and was thrown and injured. He stated that there was nothing to prevent his seeing the second gully if he had looked. The accident occurred in the daytime.
The court entered a compulsory nonsuit which it subsequently refused to take off.
Error assigned was refusal to take off nonsuit.
Judgment affirmed.
Thomas A. Fahy, for appellant.
Samuel Chew and Howard A. Davis, assistant city solicitors, and John L. Kinsey, city solicitor, for appellee, were not heard.
Before McCOLLUM, C.J., MITCHELL, FELL, BROWN, MESTREZAT and POTTER, JJ.
The court below entered a compulsory nonsuit and refused, on motion, to take it off. The ground of the nonsuit was the contributory negligence of the plaintiff and this was fairly established by his testimony. He was riding on his bicycle at the time he was injured, and if he had given proper attention to the operation of it, and had looked where he was going, he could have easily and safely avoided the occurrence of which he complains. It was an unfortunate occurrence but not such as would authorize a judgment against the defendant. The assignment of error is dismissed.
Judgment affirmed.
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Benton v. City of Philadelphia
... 48 A. 267198 Pa. 396 BENTON v. CITY OF PHILADELPHIA. Supreme Court of Pennsylvania. Feb. 18, 1901. Appeal from court of common pleas, Philadelphia county. Action by George V. Benton against the city of Philadelphia for injury received by being thrown from his bicycle while riding down hill......