Bitting v. Township of Maxatawny
Supreme Court of Pennsylvania
Appeal, No. 597, Jan. T., 1896, by defendant, from judgment of C. P. Berks Co., May T., 1895, No. 87, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Endlich, J. At the trial it appeared that on the evening of November 22, 1894, the deceased was killed at a bridge belonging to the defendant township. The bridge was about nineteen feet in width and twenty-six in length. It crossed a mill-race sixteen feet wide.
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Appeal, No. 597, Jan. T., 1896, by defendant, from judgment of C. P. Berks Co., May T., 1895, No. 87, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Endlich, J. At the trial it appeared that on the evening of November 22, 1894, the deceased was killed at a bridge belonging to the defendant township. The bridge was about nineteen feet in width and twenty-six in length. It crossed a mill-race sixteen feet wide. From the top of the bridge to the bottom of the stream was about four feet six inches. On the night of the accident the deceased drove over the bridge at a…
1Opinion of the Court
Per Curiam,. The only assignment of error in this case is the refusal of the court below to direct a verdict in favor of defendant. When the ease was here last year on plaintiff’s appeal from the refusal of the court to take off the judgment of nonsuit, we held that the evidence adduced on the former trial was sufficient to carry the ease to a jury, and the judgment was accordingly reversed with a procedendo. While the evidence on the last, may have differed slightly from that on the first trial, there does not appear to be any such difference as would have justified the court in entering a…
2Cases cited2 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Bitting v. Township of MaxatawnySupreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Habecker v. Lancaster TownshipSuperior Court of Pennsylvania · 1899
- Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
- Cage v. Township of FranklinSuperior Court of Pennsylvania · 1898
- Hunter v. Robinson TownshipSupreme Court of Pennsylvania · 1916