Decker v. Scranton City
Supreme Court of Pennsylvania
Appeal, No. 21, July T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1888, No. 268, on verdict for plaintiff, Theodore F. Decker. Trespass for personal injuries, caused by alleged negligence by defendant in maintaining the highway. At the trial, before Archbald, P. J., the evidence was to the effect that, on Jan. 17, 1888, plaintiff was driving a load of hay on a sleigh on Oak street in the city of Scranton.
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Appeal, No. 21, July T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1888, No. 268, on verdict for plaintiff, Theodore F. Decker. Trespass for personal injuries, caused by alleged negligence by defendant in maintaining the highway. At the trial, before Archbald, P. J., the evidence was to the effect that, on Jan. 17, 1888, plaintiff was driving a load of hay on a sleigh on Oak street in the city of Scranton. In going down a steep incline, the sleigh was overturned, and plaintiff injured. At the point where the accident occurred the street was lowest in the middle, and…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
It is alleged that error was committed by the learned court below in the refusal of the city’s fifth, seventh and eighth points. The first and second assignments complain of the answers to the fifth and seventh points, and as they practically involve the same question they may be considered together. The ground of complaint in these is that the court declined to charge the jury that the city was not liable unless the ice had so accumulated in hills and ridges as to form an obvious physical obstruction to travel, and that the city had notice of the same. The…
2Cited by31 opinions
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