Township of Aston v. McClure
Supreme Court of Pennsylvania
Writs of error to the Court of Common Pleas of Delaware county: Of July Term 1882, Nos. 100, 101. Case, by William J. McClure against the Township of Aston. Case, by John Quigley, against the same defendant. Plea, in each case, not guilty.
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Writs of error to the Court of Common Pleas of Delaware county: Of July Term 1882, Nos. 100, 101. Case, by William J. McClure against the Township of Aston. Case, by John Quigley, against the same defendant. Plea, in each case, not guilty. These were actions to recover damages, in the one case for injuries to a horse and wagon, and in the other for personal injuries to the plaintiff, Quigley, caused by the defective and unprotected condition of a certain road on which the plaintiffs were driving, in the township of Aston. The cases were tried to gether, before Clayton, P. J., when the…
1Opinion of the CourtChief Justice Mercur
These cases were argued together. They present the same question of liability. The injuries were produced by the dangerous condition of the i’oad kept open by the township authorities. It is true the part in question was within the limits of the ground condemned by the Chester Creek Railroad Company, but outside of the portion actually occupied by the railroad. The track of the latter was on a lower grade than the wagon road. They were separated by a bank almost perpendicular, and about sixteen feet in height. The railroad was constructed some fifteen years ago. For many years the wagon road…
2Cited by4 opinions
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- Snyder v. Penn TownshipSuperior Court of Pennsylvania · 1900
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