Mooney v. Luzerne Borough
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 943, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s son.
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Appeal, No. 157, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 943, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s son. Before Woodward, P. J. At tbe trial it appeared that about ten o’clock in the evening of October 8, 1893, plaintiff’s son, Henry Mooney, while crossing a bridge in Luzerne borough, was killed by coming in contact with an electric telephone wire which had been maintained over the street near tbe place of the accident for over fifteen years, and had been unused and abandoned for several months. It crossed a…
1Opinion of the Court
Opinion bt
Mr. Chief Justice Stebbett,
The appellant borough not only complains of the manner in *163which the case was submitted to the jury, but it challenges the right of the court to submit it to them in any form.
The evidence bearing on all the disputed questions was quite sufficient to carry the case to the jury. It would have been manifest error to have affirmed defendant’s third point. The fact that the telephone wire had been maintained in the same place for fifteen years without accident was no reason why it should continue there indefinitely without inspection. Directly the opposite…
2Cases cited2 opinions
- Borough of West Chester v. AppleSupreme Court of Pennsylvania · 1860
- Philadelphia v. SmithSupreme Court of Pennsylvania · 1889
3Cited by9 opinions
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
- Herron v. PittsburgSupreme Court of Pennsylvania · 1903
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Sebring v. Bell Telephone Co.Supreme Court of Pennsylvania · 1922
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