Kammerdiener v. Rayburn Township
Supreme Court of Pennsylvania
Appeal, No. 25, Oct. T., 1911, by defendant, from judgment of C. P. Armstrong Co., Sept. T., 1909, No. 156, on verdict for plaintiff in case of Jacob F. Kammerdiener v. Rayburn Township. Trespass to recover damages for death of plaintiff’s wife. Before Patton, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,000. Defendant appealed.
Read the full summary
Appeal, No. 25, Oct. T., 1911, by defendant, from judgment of C. P. Armstrong Co., Sept. T., 1909, No. 156, on verdict for plaintiff in case of Jacob F. Kammerdiener v. Rayburn Township. Trespass to recover damages for death of plaintiff’s wife. Before Patton, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,000. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant. cited: Arthurs v. Wilson, 40 Pa. Superior Ct. 604; Heister v. Fawn Twp., 189 Pa. 253; Schaeffer v. Jackson Twp., 150 Pa. 145;…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The negligence complained of was that the township, defendant, failed to provide a guard rail at a narrow place, in a public road, where there was a sharp curve in the road, and an embankment on one side and a declivity on the other. The road at this point was nine feet wide; on the east side there was a railroad embankment ten feet high the foot of which was at the edge of the road. On the west there was a declivity beginning at the edge of the road and extending, with a fall of one foot in three feet, some forty feet to the precipitous bank of a river where…
2Cases cited4 opinions
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
- Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
- Worrilow v. Upper Chichester TownshipSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Trumbower v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1912
- Ward v. Southern Pennsylvania Traction Co.Superior Court of Pennsylvania · 1923
- Baker v. Director General of Railroads, Pennsylvania Court of Common Pleas, Berks County1919
- Fischer v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1952