Payne v. West Chester Borough
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1922, by plaintiff, from order of C. P. Chester Co., Jan. T., 1918, No. 112, refusing to take off nonsuit, in case of John W. Payne v. West Chester Borough. Trespass for personal injuries. Before Hause, J. The opinion of the Supreme Court states the facts. Nonsuit; refusal to remove it. Plaintiff appealed. Error \assigned was refusal to take off nonsuit, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
Chestnut Street, an east and west street in the defendant borough of West Chester, crosses railroad tracks by an overhead bridge, reached by approaches at the ends. There is a retaining wall along the south side of the east approach, which, at the bridge, is fourteen feet high and capped by a coping, the top of which is eight inches higher than the surface of the street. Over the coping is a barrier consisting of a double row of galvanized iron pipe, supported by standards, the lower row being about sixteen and the upper one thirty-two inches above the coping.…
2Cases cited6 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Auberle v. City of McKeesportSupreme Court of Pennsylvania · 1897
- Kennedy v. PhiladelphiaSupreme Court of Pennsylvania · 1908
- Beer v. Clarion TownshipSuperior Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lindsay v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1935
- Shamburger v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1933