Lower Macungie Township v. Merkhoffer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 412, to January Term 1870. This was an action on the case for negligence, brought to April Term 1868, by Philip Merkhoffer against The Township of Lower Macungie. The cause of action was the loss by the plaintiff occasioned by his team and wagon having been precipitated into an excavation on the side of a public road, by which he lost a mule and had his harness and wagon injured.
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Error to the Court of Common Pleas of Lehigh county: No. 412, to January Term 1870. This was an action on the case for negligence, brought to April Term 1868, by Philip Merkhoffer against The Township of Lower Macungie. The cause of action was the loss by the plaintiff occasioned by his team and wagon having been precipitated into an excavation on the side of a public road, by which he lost a mule and had his harness and wagon injured. The road at the point where the injury occurred was about 23 feet wide; the excavation had been made by mining for ore by the Allentown Iron Company; there was…
1Opinion of the Court
The judgment of the court was entered
Per, Curiam.
We have considered the bills of exception in this case, and find them free of error. That the township was answerable in its corporate capacity for the injury complained of inrthis case, in the absence of satisfying proof of negligence on part of the plaintiff, is a well settled rule in this state. The finding of the jury has acquitted him of that, and he was consequently entitled to a recovery compensating his injury. It was not a defence to the township to show that by careful driving accident might have been avoided at the place in question.…
2Cited by9 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Township of Plymouth v. GraverSupreme Court of Pennsylvania · 1889
- Township of Jackson v. WagnerSupreme Court of Pennsylvania · 1889
- Worrilow v. Upper Chichester TownshipSupreme Court of Pennsylvania · 1892
- Closser v. Township of WashingtonSuperior Court of Pennsylvania · 1899
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