Mallory v. Griffey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1877, No. 62. Case by William Mallory and Hannah, his wife, in right of the wife, against Benjamin Griffey, for injuries sustained in being thrown from a buggy, by reason of an alleged obstruction placed upon the highway by defendant. At the trial, before Vincent, P. J., it appeared that Mrs. Mallory was driving a horse and buggy along a road which passed the residence of defendant.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1877, No. 62. Case by William Mallory and Hannah, his wife, in right of the wife, against Benjamin Griffey, for injuries sustained in being thrown from a buggy, by reason of an alleged obstruction placed upon the highway by defendant. At the trial, before Vincent, P. J., it appeared that Mrs. Mallory was driving a horse and buggy along a road which passed the residence of defendant. On this road the latter had placed a lot of building materials preparatory to building a barn. Among these materials was a large…
1Opinion of the CourtJustice Sterrett
In that portion of the charge covered by the eleventh and twelfth assignments of error, the jury were properly instructed that the defendant might place building material on a portion of the highway, and permit the same to remain there for a reasonable length of time, for the purpose of erecting his barn on the line of the road, without, on that account alone, incurring liability for injuries sustained by persons passing along the road; provided, ample room was left for the free passage of vehicles and animals; but he would be liable for injuries occasioned by an unreasonable or negligent use…
2Cases cited1 opinion
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
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- William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
- Alcaro v. Jean Jordeau, Inc.Court of Appeals for the Third Circuit · 1943
- John A. Tolman & Co. v. City of ChicagoIllinois Supreme Court · 1909
- Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
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