Habecker v. Lancaster Township
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1898, by plaintiffs, from judgment of C. P. Lancaster Co., May T., 1896, No. 10, on compulsory nonsuit. Trespass for damages sustained by reason of injuries received by plaintiffs through alleged neglect of defendant in not keeping a public road in safe condition. Before Livingston, P. J. The facts sufficiently appear in the opinion of the court.
Read the full summary
Appeal, No. 89, Oct. T., 1898, by plaintiffs, from judgment of C. P. Lancaster Co., May T., 1896, No. 10, on compulsory nonsuit. Trespass for damages sustained by reason of injuries received by plaintiffs through alleged neglect of defendant in not keeping a public road in safe condition. Before Livingston, P. J. The facts sufficiently appear in the opinion of the court. Plaintiffs claimed damages to the amount of $810. The court below directed a judgment of nonsuit which on motion it subsequently refused to take off. Plaintiffs appealed. Error assigned was refusing to strike off the judgment…
1Opinion of the Court
Opinion by
Rice, P. J.,
At the point where the plaintiff’s injury occurred the gutter on the left, going down the hill, was near to the wagon track, and at the side of the road on the right, five or six feet from the wagon track, but not, so far as the evidence shows, in the highway, was a quarry hole twelve or fifteen feet deep. This was guarded by a row of stones set on edge and projecting about half a foot above the ground. Some of the witnesses testified that the road slanted somewhat toward the quarry hole; that is, that one side was lower than the other. Christian Habecker, one of the…
2Cases cited12 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Goldstein v. East Fallowfield TownshipSuperior Court of Pennsylvania · 1910
- Closser v. Township of WashingtonSuperior Court of Pennsylvania · 1899
- Cage v. Township of FranklinSuperior Court of Pennsylvania · 1899
- Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
- Morford v. Sharpsville BoroughSuperior Court of Pennsylvania · 1905
1 more not listed; retrieve them via the Exa API.