Kunkle v. Lancaster County
Supreme Court of Pennsylvania
Appeal, No. 131, Jan. T., 1907, by plaintiff, from order of C. P. Lancaster Co., Oct. T., 1905, No. 13, refusing to take off nonsuit in case of Francis Kunkle v. Lancaster County. Trespass to recover damages for death of plaintiff’s wife. The facts appear by the opinion of the Supreme Court. Error assigned was in refusing to take off compulsory non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The appellant here complains of the refusal to take off a *54judgment of compulsory nonsuit. This action was brought to recover damages for the loss of plaintiff’s wife, who was drowned on August 25, 1905, while attempting to cross Beaver Creek, upon a bridge maintained by the county of Lancaster. The structure was a low one, only about three feet above the water at the ordinary stage, and was about forty-one feet long and sixteen feet wide. It was without guard rails at the side, and its construction was such that it sagged under the passage of a horse and wagon. On…
2Cases cited3 opinions
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
- Winner v. Oakland TownshipSupreme Court of Pennsylvania · 1893
- Dryden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
3Cited by6 opinions
- Hardie v. BarrettSupreme Court of Pennsylvania · 1917
- Mine v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1918
- Trumbower v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1912
- Ellenberger v. KramerSupreme Court of Pennsylvania · 1936
- Contillo Et Vir v. PittsburghSuperior Court of Pennsylvania · 1945
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