Fairbanks v. Kerr & Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1871, No. 215. This was an action on the case brought, May 2d 1868, by John D. Kerr and Christian Smith against C. A. Fairbanks. The facts on which the action was founded are the following:— The evidence was not in the paper-book.
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Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1871, No. 215. This was an action on the case brought, May 2d 1868, by John D. Kerr and Christian Smith against C. A. Fairbanks. The facts on which the action was founded are the following:— The evidence was not in the paper-book. On April 27th 1868, the plaintiffs below had a contract to pave the side-walk in the town of New Castle, with flag-stones, and had provided flag-stones for that purpose. These stones were placed in the public street near the curbstone in three or four piles; each pile containing…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Agnew, J.
Kerr & Smith, the plaintiffs below, were contractors for laying a pavement of flag-stones. They laid up several piles of stones in the street along the curbstone, ready to begin work. The defendant Fairbanks got upon one of these piles, and began to make a political speech. A crowd gathered around, and some of the bystanders mounted another one of the piles, and by their weight caused several of the stones to crack and break. Kerr & Smith sued Fairbanks for this injury. There was no evidence that Fairbanks requested, or in…
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- Thompson v. FrankusSupreme Judicial Court of Maine · 1955
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