Wilson v. O'Hara Township
Superior Court of Pennsylvania
Appeal, No. 46, April T., 1900, by defendant, in suit of John V. Wilson against the Township of O’Hara, from judgment of C. P. No. 1, Allegheny Co., June T., 1898, No. 44, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass to recover for injuries to plaintiff and his team by falling over the side of a public road in defendant township.
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Appeal, No. 46, April T., 1900, by defendant, in suit of John V. Wilson against the Township of O’Hara, from judgment of C. P. No. 1, Allegheny Co., June T., 1898, No. 44, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass to recover for injuries to plaintiff and his team by falling over the side of a public road in defendant township. The facts sufficiently appear in the opinion of the court. . Defendant submitted requests for binding instructions which were refused. The court charged the jury, inter alia, as follows : [Now, gentlemen, under such circumstances, did he do all that…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff was a farmer, and a part of his business was to attend the markets in the city of Allegheny and there dispose of the products of the farm. This rendered it necessary for him to leave his home at a very early hour in the morning. He had no choice of roads over which to reach his destination, but was compelled to travel the river road, known as the Pittsburg and Freeport road. This road, for some distance between Hulton ferry and Power’s run, was narrow, and at one side of it arose a steep bluff, and upon the other side there was an abrupt fall of…
2Cases cited7 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Winner v. Oakland TownshipSupreme Court of Pennsylvania · 1893
- Gardner v. GardnerSupreme Court of Pennsylvania · 1896
- Mellor v. Burgess & Town Council of BridgeportSupreme Court of Pennsylvania · 1899
- Stokes v. Township of RalphoSupreme Court of Pennsylvania · 1898
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