Smith v. Jackson Township
Superior Court of Pennsylvania
Appeal, No. 12, Feb. T., 1902, by defendant, from judgment of C. P. Tioga Co., Jan. T., 1901, No. 2, on verdict for plaintiff in case of Alexander Smith v. Jackson Trespass to recover damages for personal injuries. Before Niles, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 12, Feb. T., 1902, by defendant, from judgment of C. P. Tioga Co., Jan. T., 1901, No. 2, on verdict for plaintiff in case of Alexander Smith v. Jackson Trespass to recover damages for personal injuries. Before Niles, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented these points : 7. If the jury believe from the evidence that the plaintiff had driven over the Wheeler bridge twice a day for three weeks next prior to and including the day of the alleged injury, and knew or ought to have known of the hole therein and its dan- ' gerous character, and…
1Opinion of the Court
Opinion by
Rice, P. J.,
On Sunday September, 16, 1900, the plaintiff on his return from a creamery was crossing a bridge which forms part of the public highway in the defendant township. His horse stepped through a hole in the bridge, and he was thrown front his wagon and off the bridge, sustaining injuries. The hole had been in the bridge for about three weeks before the accident, and the plaintiff had observed it; but on the day preceding his injury, it is alleged, a board ten inches wide and about five feet long had been nailed over the hole, a repair that he had noticed when first crossing…
2Cases cited9 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
- Harris v. Commercial Ice Co.Supreme Court of Pennsylvania · 1893
- Stackhouse v. Charles H. Vendig & Co.Supreme Court of Pennsylvania · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1904
- Dodson v. Wilkes-Barre Railway Co.Superior Court of Pennsylvania · 1914
- Gilberton Borough v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1903
- Gower v. City of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1922