Clark v. Allegheny County
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1917, by defendant, from judgment of C. P. Allegheny Co., July T., 1916, No. 2397, on verdict for plaintiff in case of Robert Clark v. Allegheny County. Trespass for personal injuries. Before Shafer, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $2,000 and judgment thereon. Defendant appealed.
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Appeal, No. 91, Oct. T., 1917, by defendant, from judgment of C. P. Allegheny Co., July T., 1916, No. 2397, on verdict for plaintiff in case of Robert Clark v. Allegheny County. Trespass for personal injuries. Before Shafer, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $2,000 and judgment thereon. Defendant appealed. Error assigned’, among others, was in refusing defendant’s motion for judgment n. o. v. A county is a quasi-municipal corporation and in taking over and improving- township roads, it acts as a governmental agency of the State, and is not…
1Opinion of the Court
Opinion by
Mr, Chief Justice Brown,
Under authority to do so, conferred upon it by the Acts of June 26,1895, P. L. 336, and May 11, 1911, P. L. *201244, the County of Allegheny took over a township road located between the townships of Forward and Elizabeth. It runs for some distance along a stream, into which a smaller one flows through a culvert forming part of the roadway. There was no guard rail on either side of the road at the point where the culvert crossed it, and the appellee while walking along the highway, on a dark and foggy night, fell from the side of it where the small stream…
2Cases cited4 opinions
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Bucher v. Northumberland CountySupreme Court of Pennsylvania · 1904
- Wasser v. Northampton CountySupreme Court of Pennsylvania · 1915
- Gehringer v. Lehigh CountySupreme Court of Pennsylvania · 1911
3Cited by22 opinions
- Rader v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1962
- Specter v. CommonwealthSupreme Court of Pennsylvania · 1975
- Collins v. CommonwealthSupreme Court of Pennsylvania · 1919
- Stanley Gerr and Carl Gerr, a Minor by Stanley Gerr, His Guardian v. Harry William Emrick and Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 1960
- Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
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