Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: be submitted to the Court at the hearing, and by their counsel appeared and cross-examined defendant’s witnesses. A perusal of the depositions shows the case to be one proper under the rule in Jenkintown Nat. Bank’s App., 124 Pa. 337, 345, for inquiry before a jury, and therefore,? The rule to vacate and strike off judgment No. 112 May T. 1916, J. D., is converted into a rule to open said judgment and let defendant into a defence, and so converted is made absolute. MARY A. YOUNG vs. CITY OF READING. Negligence?Municipalities?Icy Pavement?Actual and Constructive Notice. In an action against a municipality to recover damages for personal injuries resulting to plaintiff from a fall on a sidewalk covered with snow and ice, a verdict for plaintiff will be set aside and judgment entered for defendant non obstante veredicto where plaintiff fails to show that defendant had either actual or constructive notice of the existence of the dangerous condition of the sidewalk. In the Court of Common Pleas of Berks County. No. 42 February Term, 1906. Verdict for plaintiff for $408.33. Rules by defendant for new trial and for judgment non obstante veredicto. Joseph R. Dickinson, city solicitor, William J. Rourke and H. P. Keiser for defendant and rules. W. B. Bechtel and John H. Rothermel for plaintiff. Opinion by Wagner, J., December 7, 1916.?Plaintiff brought this suit to recover damages for injuries which she alleges she received on Monday morning, February 6, 1905, by slipping on the pavement at 37 North Third street, Reading. She testified that on the Thursday night previous there had been a heavy fall of snow, and on the Sunday afternoon and night a light fall of snow; that she did not know what the condition of the pavement was; that she had not passed that way…
