Legal Opinion

Maus v. Mahoning Township

Superior Court of Pennsylvania

Decided April 18, 1904No. Appeal, No. 7PublishedCited by 2 opinions

Appeal, No. 7, Jan. T., 1904, by plaintiffs, from judgment of C. P. Montour Co., Oct. T., 1899, No. 78, on verdict for defendant in case of Franklin N. Maus and Charles M. Maus v. Mahoning Township. Trespass to recover damages for personal injuries and injuries to a horse and buggy.

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Appeal, No. 7, Jan. T., 1904, by plaintiffs, from judgment of C. P. Montour Co., Oct. T., 1899, No. 78, on verdict for defendant in case of Franklin N. Maus and Charles M. Maus v. Mahoning Township. Trespass to recover damages for personal injuries and injuries to a horse and buggy. Before Little, P. J. At the trial the defendant made the following offer: Mr. Ammerman: We offer a certified copy of the report of the viewers appointed by an act of general assembly of the commonwealth of Pennsylvania, passed February 27,1822, for the purpose of laying out a state road from Pennsborough, in the…

1Opinion of the Court

Opinion by

Beaver, J.,

In the action of trespass, the trial of which we are called to review, the plaintiffs sought to recover from the defendant township damages for injury to their property which they alleged were sustained by reason of negligence in maintaining a roadway too narrow for ordinary travel, with precipitous sides unprotected by guard rails.

1. The jury returned the verdict, “We find the said defendant township not guilty.” The judgment entered thereon was, “Now, December 19, 1902, jury fee of four dollars having been paid into court, judgment is entered in favor of the defendant,…

2Cases cited3 opinions

  1. Closser v. Township of WashingtonSuperior Court of Pennsylvania · 1899
  2. Cage v. Township of FranklinSuperior Court of Pennsylvania · 1899
  3. Dixon v. Township of ButlerSuperior Court of Pennsylvania · 1897

3Cited by2 opinions

  1. Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
  2. Manners v. VandervortSupreme Court of Pennsylvania · 1961

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