Cunius v. Edwardsville Borough
Superior Court of Pennsylvania
Appeal, No. 21, March T., 1916, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1912, No. 415, for defendant n. o. v. in case of Annetta Cunius, by her next friend and father, Elmer Cunius, and Elmer Cunius v. Edwardsville Borough. Trespass to recover damages for personal injuries.
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Appeal, No. 21, March T., 1916, by plaintiff, from judgment of C. P. Luzerne Co., June T., 1912, No. 415, for defendant n. o. v. in case of Annetta Cunius, by her next friend and father, Elmer Cunius, and Elmer Cunius v. Edwardsville Borough. Trespass to recover damages for personal injuries. Before Woodward, J. At the trial it appeared that the plaintiff fell into a hole in a sidewalk on Main street in the Borough of Edwardsville on May 10, 1911. The evidence showed that the portion of the sidewalk where the hole was had been previously covered by a building, which had been set back by its…
1Opinion of the Court
Opinion by
Trexler, J.,
In Downing v. Coatesville Borough, 214 Pa. 291, the plaintiff was injured by falling into a hole in a sidewalk in the Borough of Coatesville. There was evidence that the portion of the street in which the hole was located had been thrown open to public use by a former owner of an adjoining property, but there was no.evidence that the strip in question had been accepted as a public street by the borough. It was held in that case that although the throwing open of a lot and making it a part of a street may amount to a dedication to public use as against the owner,…
2Cases cited8 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
- Gowen v. Philadelphia Exchange Co.Supreme Court of Pennsylvania · 1843
- Steel v. Burgess & Town Council of HuntingdonSupreme Court of Pennsylvania · 1899
- Waters v. PhiladelphiaSupreme Court of Pennsylvania · 1904
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3Cited by1 opinion
- Koerth v. Turtle Creek BoroughSupreme Court of Pennsylvania · 1946