Allen v. Township of Warwick
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1898, by defendant, from judgment of C. P. Chester Co., on verdict for plaintiff. Trespass. Before Hemphill, P. J. It appears from the record and evidence that plaintiff, Dr. Edgar Allen, brought suit against the township of Warwick to recover damages for the death of his wife caused by negligence on part of the township in failing to keep a public road in proper condition for travel.
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Appeal, No. 58, Oct. T., 1898, by defendant, from judgment of C. P. Chester Co., on verdict for plaintiff. Trespass. Before Hemphill, P. J. It appears from the record and evidence that plaintiff, Dr. Edgar Allen, brought suit against the township of Warwick to recover damages for the death of his wife caused by negligence on part of the township in failing to keep a public road in proper condition for travel. He instructed his driver to harness a horse that had scared on the preceding Thursday, and take his wife and child to Pottstown. He advised the driver to go by way of the “ Buck,” over a…
1Opinion of the Court
Opinion by
Oblady, J:,
The proximate cause of the accident, which resulted in the death of the plaintiff’s wife, was a pile of logs by the side of a public road, where they had been massed, preparatory to shipment on a railroad. The space they occupied was about fifty feet in width, between the highway and the railroad which it paralleled, and, on the opposite side of the highway there was an unguarded declivity, which ranged from four to ten feet in descent. In preparing the logs for market, they had been edged and peeled in order to square them, which made white and dark stripes along their…
2Cases cited9 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Delaware R. v. Jones, Pennsylvania Court of Common Pleas, Luzerne County1889
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Fisher v. Monongahela C. Ry. Co.Supreme Court of Pennsylvania · 1890
- Merriman v. Phillipsburg BoroughSupreme Court of Pennsylvania · 1893
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3Cited by2 opinions
- Walton v. Colwyn BoroughSuperior Court of Pennsylvania · 1902
- Raulston v. Traction Co.Superior Court of Pennsylvania · 1900