Hookey v. Borough of Oakdale
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1897, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1895, No. 677, on verdict for plaintiff. Trespass for overturning wagon. Before Kennedy, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for C. H. Hookey for $75.00 and for Mrs. Ella Hookey for $300. Defendant appealed.
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Appeal, No. 119, April T., 1897, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1895, No. 677, on verdict for plaintiff. Trespass for overturning wagon. Before Kennedy, P. J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for C. H. Hookey for $75.00 and for Mrs. Ella Hookey for $300. Defendant appealed. Errors assigned were (1) In answering in the negative the first point submitted to it by the defendant, which point and answer were as follows: “ That the plaintiff having testified in substance that on the night of the accident he was…
1Opinion of the Court
Opinion by
Willard, J.,
The injury sustained by the appellee was occasioned by the overturning of a’wagon in which she and her husband were riding on Clinton avenue in the borough of Oakdale on October 21, 1895. At the point where the accident happened the road follows the valley of the north branch of Robinson’s Run, and by the action of the water of the stream upon the road its width had been reduced from thirty-three feet to less than twenty-five. It became necessary to erect a retaining wall of stone along the bank in order to widen and protect the street. In the curve of the street near…
2Cases cited16 opinions
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
- Painter v. Mayor of PittsburghSupreme Court of Pennsylvania · 1863
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
- Vallo v. United States Express Co.Supreme Court of Pennsylvania · 1892
- Baker v. North East BoroughSupreme Court of Pennsylvania · 1892
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3Cited by9 opinions
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- Cimino v. LaubSuperior Court of Pennsylvania · 1945
- Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
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