Russell v. Westmoreland County
Superior Court of Pennsylvania
Appeal, No. 118, April T., 1904, by defendant from judgment of C. P. Westmoreland Co., May T., 1902, No. 500, on verdict for plaintiff in case of Mary Russell v. Westmoreland Co. Trespass to recover damages for personal injuries. Before Doty, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and-judgment for plaintiff for $892.72. Defendant appealed.
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Appeal, No. 118, April T., 1904, by defendant from judgment of C. P. Westmoreland Co., May T., 1902, No. 500, on verdict for plaintiff in case of Mary Russell v. Westmoreland Co. Trespass to recover damages for personal injuries. Before Doty, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and-judgment for plaintiff for $892.72. Defendant appealed. Error assigned, among others, was in giving binding instructions for defendant. cited: Heister v. Fawn Twp., 189 Pa. 253; Pittsburg Southern Ry. Co. v.…
1Opinion of the Court
Opinion by
Rice, P. J.,
In 1845 the county erected a wooden bridge across Loyalhanna creek, and in 1889 replaced it with ah iron bridge upon the same abutments. These, however, were raised about a foot, and this necessitated filling in the roadbed constituting the ascending approach to the bridge to within from three to seven inches of the top of the wing wall in question. This wall was perpendicular, and at the point of the accident was in the neighborhood of sixteen feet in height. The plaintiff, a woman about sixty-nine years of age, and Mrs. Garris were driving a single horse and buggy…
2Cases cited28 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
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
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3Cited by4 opinions
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946
- Goldstein v. East Fallowfield TownshipSuperior Court of Pennsylvania · 1910
- Dougherty v. DavisSuperior Court of Pennsylvania · 1912