Legal Opinion

Grier v. Sampson

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 11 opinions

Error to the District Court of Allegheny county. This was an action on the case by David Sampson against David A. Grier, to recover damages for personal injuries sustained by him in consequence of being thrown into an open vault, alleged to be on premises owned by defendant. The property was situated in the village of Temperanceville, and contained 120 feet fronting on the south side of the Pittsburgh and Steubenville Turnpike Road.

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Error to the District Court of Allegheny county. This was an action on the case by David Sampson against David A. Grier, to recover damages for personal injuries sustained by him in consequence of being thrown into an open vault, alleged to be on premises owned by defendant. The property was situated in the village of Temperanceville, and contained 120 feet fronting on the south side of the Pittsburgh and Steubenville Turnpike Road. Several houses had been erected on this lot, the front walls coming to the line of the street. In front of them'and extending eight feet into the road, were…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

This was an action on the case against an alleged owner of real estate for a personal injury occasioned to the plaintiff by a permissive nuisance on the defendant’s premises.

That the owner. of real estate, lying along a public street or highway, is bound to keep it in such repair as to make it safe to passers-by, and is liable in damages for injury resulting from his neglect to perform this duty, is a proposition unquestioned by the thirteen errors assigned upon this record. That the tenant in possession, if there be .one, is under a like…

2Cited by11 opinions

  1. Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
  2. Palmore v. Morris, Tasker & Co.Supreme Court of Pennsylvania · 1897
  3. Rasmus v. Pennsylvania R.R. Co.Superior Court of Pennsylvania · 1949
  4. Tabor StreetSuperior Court of Pennsylvania · 1904
  5. Clymer v. RobertsSupreme Court of Pennsylvania · 1908

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