Merriman v. Phillipsburg Borough
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1893, by plaintiff, Jennie Merriman, from judgment of C. P. Beaver Co., Sept. T., 1890, No. 322, entering nonsuit. Trespass for personal injuries. The facts appear bjr the following opinion of the court below refusing to take off nonsuit, by Wickham, P. J.: “ The plaintiff, a vigorous and intelligent woman, about thirty years old, was injured on the evening of January 11,1890, after dark, by falling from a bridge in the defendant borough.
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Appeal, No. 131, Oct. T., 1893, by plaintiff, Jennie Merriman, from judgment of C. P. Beaver Co., Sept. T., 1890, No. 322, entering nonsuit. Trespass for personal injuries. The facts appear bjr the following opinion of the court below refusing to take off nonsuit, by Wickham, P. J.: “ The plaintiff, a vigorous and intelligent woman, about thirty years old, was injured on the evening of January 11,1890, after dark, by falling from a bridge in the defendant borough. The bridge was sixteen feet long, sixteen feet eight inches wide, and was elevated five or six feet, possibly more, above the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In this case, the controlling questions were defendant’s negligence and the alleged contributory negligence of the plaintiff. As to the former there appears to have been no room for doubt. The testimony discloses the grossest carelessness on the part of the borough authorities in maintaining a dangerous pitfall, within the lines of the street, which the judicious expenditure of a few dollars could have obviated: Corbalis v. Newberry Township, 132 Pa. 9. If those whose duty it is to keep public highwajrs in a reasonably safe condition for public use were…
2Cases cited2 opinions
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Corbalis v. Township of NewberrySupreme Court of Pennsylvania · 1890
3Cited by7 opinions
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Rodgers Et Vir v. Shaler Twp.Superior Court of Pennsylvania · 1948
- Walton v. Colwyn BoroughSuperior Court of Pennsylvania · 1902
- Ryan ex rel. Ryan v. ArdisSupreme Court of Pennsylvania · 1899
- Haughney v. Mahanoy City BoroughSupreme Court of Pennsylvania · 1919
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