Davis v. Stowe Township
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., July T., 1915, No. 287, on verdict for plaintiff in case of Ellen Davis v. Township of Stowe, a Municipal Corporation. Trespass to recover damages for the death of plaintiff’s husband. Before Haymaker, J. ‘ The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $7,000 upon which judgment was entered. Defendant appealed.
Read the full summary
Appeal, No. 181, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., July T., 1915, No. 287, on verdict for plaintiff in case of Ellen Davis v. Township of Stowe, a Municipal Corporation. Trespass to recover damages for the death of plaintiff’s husband. Before Haymaker, J. ‘ The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $7,000 upon which judgment was entered. Defendant appealed. Errors assigned, among others, were in refusing defendant’s point for binding instructions and (6, 7) in refusing to withdraw a juror.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This case was properly submitted to the jury, and there was ample evidence to warrant a verdict against the defendant township. The husband of the plaintiff was killed about 6:15 a. m. on January 7, 1915, on the pavement of Island avenue in defendant township by coming-in contact with a guy wire which had become detached from a pole of the Pittsburgh and Allegheny Telephone Company. This wire had broken loose from the telephone polé, had fallen across a defectively insulated feed wire of the Pittsburgh Railways Company, and the end of the wire lay on the…
2Cases cited4 opinions
- Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
- Carothers v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Connelly v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
3Cited by2 opinions
- Narciso v. Mauch Chunk TownshipSupreme Court of Pennsylvania · 1952
- Mizula v. SawyerSupreme Judicial Court of Maine · 1931