Emery v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 158, Jan. T., 1903, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1902, No. 1470, on verdict for plaintiff incase of Mary Emery v. Philadelphia. Trespass for the death of plaintiff’s husband. Before Wilt-bank, J. At the trial it appeared that on March 10, 1903, Harry Emery, husband of plaintiff-, was found dead on the east side of the Welsh road, a public highway in Philadelphia, between Bustleton and Holmesburg.
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Appeal, No. 158, Jan. T., 1903, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1902, No. 1470, on verdict for plaintiff incase of Mary Emery v. Philadelphia. Trespass for the death of plaintiff’s husband. Before Wilt-bank, J. At the trial it appeared that on March 10, 1903, Harry Emery, husband of plaintiff-, was found dead on the east side of the Welsh road, a public highway in Philadelphia, between Bustleton and Holmesburg. Death was due to an electric shock from contact with a broken fire alarm wire lying at the side of the road. The road in question ivas forty-five feet…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The stress of the appellant’s argument is in the contention that the city is not bound to keep its rural highways in safe travelable condition for their full legal width and as the body of the deceased was found outside of the “ wrought portion ” of the Welsh road, lie must be assumed to have gone there at his own risk. The first six and the eighth assignments of error are based on this argument. But the learned judge could not have charged the jury on this view as it assumed facts which were not conceded. By the “ wrought portion ” of the road, appellant…
2Cases cited13 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Monongahela City v. FischerSupreme Court of Pennsylvania · 1886
- Herron v. PittsburgSupreme Court of Pennsylvania · 1903
- McKenna v. Citizens' Natural Gas Co.Supreme Court of Pennsylvania · 1901
- President of the Baltimore & Reisterstown Turnpike Road v. State ex rel. GrimesCourt of Appeals of Maryland · 1889
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- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Schaut v. St. Marys' BoroughSuperior Court of Pennsylvania · 1940
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