Rockett v. City of Philadelphia

Citation100 A. 826,256 Pa. 347
PartiesROCKETT v. CITY OF PHILADELPHIA.
Decision Date29 January 1917
CourtUnited States State Supreme Court of Pennsylvania
100 A. 826
256 Pa. 347

ROCKETT
v.
CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Jan. 29, 1917.


100 A. 827

Appeal from Court of Common Pleas, Philadelphia County.

Trespass by Wesley Rockett against the City of Philadelphia, to recover damages for the death of his wife. Verdict for plaintiff for $9,500, and judgment entered for defendant n. o. v. and plaintiff appeals. Reversed.

Argued before MESTREZAT, POTTER, STEWART, MOSCHZISKER, and FRAZER, JJ.

Thomas James Meagher, of Philadelphia, for appellant. John P. Connelly, City Sol., and M. J. McEnery, Asst. City Sol., both of Philadelphia, for appellee.

MESTREZAT, J. This is an action of trespass brought by the plaintiff to recover damages for the death of his wife, resulting, as he alleges, from the negligence of the defendant city in permitting a fallen tree to obstruct Nell drive, a road about 40 feet wide on the west side of the Schuylkill river, in Fairmount Park in the city of Philadelphia. The statement avers that the defendant negligently permitted the tree to be and remain across the roadway, endangering the safety of persons lawfully traveling thereon, of which obstruction and danger the defendant had timely and ample notice, and negligently failed to properly and safely guard the obstruction or to give such notice or warning respecting the obstructing tree as was necessary and adequate for the safety and protection of persons lawfully traveling on the roadway. It appears from the plaintiff's evidence that on the night of August 18, 1911, the deceased, her sister-in-law, and two gentlemen left the Bellevue-Stratford Hotel, in the city, in an automobile, owned by one of the men and operated by him, to go to Narberth, a suburb northwest of the city and the home of the deceased. They crossed the Schuylkill river on the Falls bridge and turned into Neil drive on the west side of the river. The party proceeded along the roadway at a speed of between 18 and 20 miles an hour, and when within 100 yards of city line collided with a tree which had fallen across the road, its roots being on the east side and its top branches on the west side. The accident occurred between 12 and 1 o'clock on the morning of the 19th. The four persons were thrown from the machine and injured, the injuries sustained by the plaintiff's wife resulting in her death. The testimony showed that the tree had been uprooted and blown across the road by a windstorm, and was discovered about 4:30 in the afternoon of August 18th...

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6 cases
  • Honaman v. City of Philadelphia
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1936
    ...... and playgrounds, the city exercises a proprietary function,. it has been held that in maintaining such places the. municipality must exercise reasonable care: Paraska v. Scranton, 313 Pa. 227, 169 A. 434; Weber v. Harrisburg, 216 Pa. 117, 64 A. 905; Rockett v. Phila., 256 Pa. 347, 100 A. 826; Glase v. Phila., 169 Pa. 488, 32 A. 600; Barthold v. Phila., 154 Pa. 109, 26 [322 Pa. 539] A. 304. It has. been held that "Municipal corporations are liable for. the improper management and use of their property, to the. same extent and in the same manner ......
  • Honaman v. City of Philadelphia
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1936
    ...reasonable care. Paraska v. Scranton, 313 Pa. 227, 169 A. 434; Weber v. Harrisburg, 216 Pa. 117, 64 A. 905; Rockett v. Philadelphia, 256 Pa. 347, 100 A. 826; Glase v. Philadelphia, 169 Pa. 488, 32 A. 600; Barthold v. Philadelphia, 154 Pa. 109, 26 A. 304. It has been held that "municipal cor......
  • Styer v. City Of Reading.
    • United States
    • United States State Supreme Court of Pennsylvania
    • September 27, 1948
    ...reasonable care. Honaman v. Philadelphia, 322 Pa. 535, 185 A. 750; Weber v. Harrisburg, 216 Pa. 117, 64 A. 905; Rockett v. Philadelphia, 256 Pa. 347, 100 A. 826; Glase v. Philadelphia, 169 Pa. 488, 32 A. 600; Barthold v. Philadelphia, 154 Pa. 109, 26 A. 304. In Honaman v. Philadelphia, supr......
  • Wagenbauer v. Schwinn
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 4, 1926
    ......Mowery, 265 Pa. 300; Stehle v. Machine Co., 225 Pa. 348; Jaras. v. Wright, 263 Pa. 486; Rockett v. Phila., 256 Pa. 347. . . This is. what is commonly known as a "guest" case, in ......
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