Borough of Carlisle v. Brisbane
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of July Term 1886, No. 6. Tins was an action of trespass on the case brought by John F. Brisbane against the Borough of Carlisle to recover damages for injuries sustained by reason of the alleged negligence of the municipal authorities in obstructing their streets without giving warning of the same. Plea, not guilty.
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Error to the Court of Common Pleas of Cumberland county: Of July Term 1886, No. 6. Tins was an action of trespass on the case brought by John F. Brisbane against the Borough of Carlisle to recover damages for injuries sustained by reason of the alleged negligence of the municipal authorities in obstructing their streets without giving warning of the same. Plea, not guilty. On the trial, before Sadler, P. J., the following facts appeared : During the fall and winter of 1884- the borough of Carlisle was macadamizing that part of North street which lies outside of the built up portion of the…
1Opinion of the CourtJustice Clark
The general rule of the law undoubtedly is, where one suffers an injury through the concurrent negligence of two or more persons, they are jointly liable, and may be proceeded against for the damages sustained, either jointly or severally at the option of the party injured; unless the latter by his own negligence has contributed to the injury, in which case, the law will not afford him any remedy whatever, against any or all of the persons whose wrong, in concurrence with his own, caused the injury ; the rule is, however, not without its exceptions. Where goods, in the hands of a common…
2Cases cited4 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Simpson v. HandSupreme Court of Pennsylvania · 1841
- Masterson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3Cited by15 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Colorado & Southern Railway Co. v. ThomasSupreme Court of Colorado · 1905
- Union Pac. Ry. Co. v. LapsleyCourt of Appeals for the Eighth Circuit · 1892
- Shearer v. Town of BuckleyWashington Supreme Court · 1903
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