Township of Jackson v. Wagner
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LEBANON COUNTY. No. 271 January Term 1889, Sup. Ct.; court below, No. 1(5-4 September Term 1887, C. P. On September 8, 1887, Ellen T. Wagner brought statutory trespass against the township of Jackson, to recover damages for injuries to her person received when driving upon a public highway. Issue.
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ERROR TO THE COURT OF COMMON PLEAS OF LEBANON COUNTY. No. 271 January Term 1889, Sup. Ct.; court below, No. 1(5-4 September Term 1887, C. P. On September 8, 1887, Ellen T. Wagner brought statutory trespass against the township of Jackson, to recover damages for injuries to her person received when driving upon a public highway. Issue. At the trial on November 12, 1888, the testimony showed, in substance, that on July 9,1887, the plaintiff, with her sister and three children, were driving in a horse and buggy along a public highway called Mill street, laid out of the approved width of…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This case presents an unusual question, one that is not clearly settled, and one of much more than ordinary impor*194tanee. The facts upon, which it is raised are not involved in any serious controversy. The plaintiff was driving a horse and wagon along a public highway in Jackson township, Lebanon county. Her sister and three children were in the wagon with her. At one point there was at the side of the road an irregular pile of stones some twenty-five feet long and from one to two feet high, which had been taken out of the road in the immediate vicinity by the…
2Cases cited3 opinions
- Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
- Township of Newlin v. DavisSupreme Court of Pennsylvania · 1875
- Lower Macungie Township v. MerkhofferSupreme Court of Pennsylvania · 1872
3Cited by14 opinions
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Shipley v. PittsburghSupreme Court of Pennsylvania · 1936
- Thubron v. Dravo Contracting Co.Supreme Court of Pennsylvania · 1913
- Wasser v. Northampton CountySupreme Court of Pennsylvania · 1915
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