Sheridan v. Krupp

• Decision Date: 13 April 1891
• Docket Number: 181
• Citation: 21 A. 670,141 Pa. 564
• Parties: JOHN SHERIDAN ET AL. v. ELI KRUPP
• Court: Pennsylvania Supreme Court

21 A. 670

141 Pa. 564

JOHN SHERIDAN ET AL. v. ELI KRUPP

No. 181

Supreme Court of Pennsylvania

April 13, 1891

Argued April 2, 1891

APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY.

No. 181 January Term 1891, Sup. Ct.; court below, No. 514 June Term 1890, C.P. No. 3.

On June 28, 1890, John Sheridan and Catharine Ann Sheridan, his wife in right of said wife, brought trespass for negligence against Eli Krupp. Issue.

At the trial on November 25, 1890, it was shown, on the part of the plaintiffs, that on May 27, 1889, they became the tenants of a dwelling in the rear of No. 27 Otter street, owned by the defendant; that the dwelling adjoining was owned also by the defendant, and was occupied by other tenants; that there was a set of front steps common to the entrances to the two dwellings, and when the plaintiffs became tenants under the defendant these steps were safe for use and were protected by railings; that in the latter part of June, 1889, the defendant, without authority from the plaintiffs, removed the steps, and in their place put up others that were unsafe and dangerous and entirely unprotected by railings; that, on January 14, 1890, during the continuance of the plaintiffs' tenancy, Mrs. Sheridan stopped in the dwelling of her neighbor to inquire for her little girl, and on coming out of her neighbor's door reached the top step, which was icy, fell therefrom, and was injured; and that she had fallen upon the steps two or three times before the accident referred to.

At the close of the plaintiffs' testimony, on motion of the defendant the court entered a judgment of nonsuit, with leave, etc. A rule to show cause why the judgment should not be taken off having been argued, the rule was discharged exception. Thereupon the plaintiffs took this appeal assigning the refusal to take off the judgment of nonsuit, for error.

Judgment affirmed.

Mr. Wm. C. Mayne (with him Mr. Thos. H. Neilson), for the appellants.

Counsel cited: Schilling v. Abernethy, 112 Pa. 437; Carson v. Godley, 26 Pa. 117; City Iron Works v. Barber, 102 Pa. 162; Ardesco Oil Co. v. Gilson, 63 Pa. 151.

Mr John C. Bell (with him Mr. A. Atwood Grace), for the appellee.

Counsel cited: Moore v. Weber, 71 Pa. 429; Harlan v. Lehigh C. & N. Co., 35 Pa. 287; Lanigan v. Kille, 97 Pa. 128; Rowe v. Hunting, 135 Mass. 384; Godley v. Hagerty, 20 Pa. 397; 2 Shear. & Redf. on Neg., § 711.

Before PAXSON, C.J., STERRETT, WILLIAMS, McCOLLUM and MITCHELL, JJ.

OPINION

PER CURIAM:

The plaintiff, Catharine Ann Sheridan, slipped and fell on the steps of the house adjoining the one in which she lived, whereby she was injured. This action was brought against her landlord, who was...