Whitmire v. Township of Muncy Creek
Superior Court of Pennsylvania
Appeal, No. 12, Feb. T., 1901, by plaintiff, from order of C. P. Lycoming Co., June T., 1900, No. 51, refusing to take off nonsuit in case of Bert Whitmire v. Township of Muncy Creek. . Trespass for damages to a threshing machine. Before Mitchell, P. J. At the trial it appeared that on March 14, 1899, a steam traction engine used for threshing purposes, and owned by plaintiff fell through the floor of a bridge across Little Muncy Creek.
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Appeal, No. 12, Feb. T., 1901, by plaintiff, from order of C. P. Lycoming Co., June T., 1900, No. 51, refusing to take off nonsuit in case of Bert Whitmire v. Township of Muncy Creek. . Trespass for damages to a threshing machine. Before Mitchell, P. J. At the trial it appeared that on March 14, 1899, a steam traction engine used for threshing purposes, and owned by plaintiff fell through the floor of a bridge across Little Muncy Creek. The bridge had been built about the year 1844 by the commissioners of Lycoming county. The accident was caused by the breaking of one of the original floor…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The bridge in question was built by the county of Lycoming about the year 1844, and is located entirely in the township of Muncy Creek, the defendant. The first question to be noticed is, whether the duty of making such ordinary repairs as were necessaiy to keep it fit for use rested upon the township or the county. Prior to the Act of April 13,1843, P. L. 221, this duty was imposed by the general law of the commonwealth upon townships. “When a county bridge has been once legally built, such ordinary repairs as are necessary to preserve it fit for use are to be made…
2Cases cited8 opinions
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Coulter v. Pine TownshipSupreme Court of Pennsylvania · 1894
- Rigony v. County of SchuylkillSupreme Court of Pennsylvania · 1883
- County of Erie v. CommonwealthSupreme Court of Pennsylvania · 1889
- Francis v. TownshipSupreme Court of Pennsylvania · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gehringer v. Lehigh CountySupreme Court of Pennsylvania · 1911
- Smith v. Muncy Creek TownshipSupreme Court of Pennsylvania · 1903
- Workingman's Savings Bank & Trust Co. v. PittsburghSupreme Court of Pennsylvania · 1925
- Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907
- Yordy v. County of NorthumberlandSuperior Court of Pennsylvania · 1931
2 more not listed; retrieve them via the Exa API.