Dalton v. Upper Tyrone Tp.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE EAYETTB COUNTY. No. 398 January Term 1890, Sup. Ct.; court below, No. 328 June Term 1888, C. P. On May 29, 1888, John Dalton brought trespass against Upper Tyrone township, to recover damages for injuries sustained by falling over the bank of Jacob’s creek from a public highway. Issue.
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE EAYETTB COUNTY. No. 398 January Term 1890, Sup. Ct.; court below, No. 328 June Term 1888, C. P. On May 29, 1888, John Dalton brought trespass against Upper Tyrone township, to recover damages for injuries sustained by falling over the bank of Jacob’s creek from a public highway. Issue. At the trial on May 20, 1890, it was shown by the plaintiff that, early on the morning of October 11, 1885, before daylight, he was going to his work along a highway known as Brown street, leading to a bridge over Jacob’s creek. The road or street approached…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
On behalf of plaintiff, the court was requested to charge, as recited in the first specification, that, if the place where the accident occurred was a part of the highway, and “ was so dangerous, by reason of its proximity to a precipice, that common prudence required extra precaution in order to secure safety to travelers, the township was bound to use such precaution, and the omission to do so was negligence.” The evidence, tending to prove the facts suggested in that proposition, was sufficient to have warranted its affirmance; but, as complained of in the…
2Cases cited3 opinions
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