Worrilow v. Upper Chichester Township
Supreme Court of Pennsylvania
Appeal, 235, Jan. T., 1891, by the defendant, the Township of Upper Chichester, from judgment of C. P. Delaware Co., Dec. T., 1889, No. 35, on verdict for plaintiff, Antrim Worrilow. Trespass to recover damages for injuries sustained by being thrown from a wagon on a public road. The facts are stated in the opinion of the Supreme Court.
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Appeal, 235, Jan. T., 1891, by the defendant, the Township of Upper Chichester, from judgment of C. P. Delaware Co., Dec. T., 1889, No. 35, on verdict for plaintiff, Antrim Worrilow. Trespass to recover damages for injuries sustained by being thrown from a wagon on a public road. The facts are stated in the opinion of the Supreme Court. The court below charged, inter alia, as follows: “ Then, again, you have no positive evidence, as to what caused the wagon to become partly capsized, 'and you must, of course, if you come to the conclusion that the collision was caused by the careening over,…
1Opinion of the Court
Opinion by
Mr. Justice Heydrick,
The road upon which the injury complained of was alleged to have been sustained is an ancient highway. At the point in question there is a cut or excavation of about 4 feet in depth, and the width of the roadway was, at the time of the accident, about 17.5 feet. . On the bank, at the distance of about 5 feet from the outer edge of the gutter, as it was at that time, stood a tree, the trunk of which inclined towards the road to such extent that a perpendicular line from the outer edge of the gutter would cross it at some point, to be hereafter considered. The…
2Cases cited9 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
- Township of Plymouth v. GraverSupreme Court of Pennsylvania · 1889
- Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870
- Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
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- Dixon v. Township of ButlerSuperior Court of Pennsylvania · 1897
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