Monongahela City v. Fischer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term, 1885, No. 102. This was an action on the case by August Fischer against Monongahela City to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant in the construction of a culvert and its approaches in the public road within the city limits.
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Error to the Court of Common Pleas of Washington county: Of October and November Term, 1885, No. 102. This was an action on the case by August Fischer against Monongahela City to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant in the construction of a culvert and its approaches in the public road within the city limits. Plea not guilty. . On the trial before Hart, P. J. the following facts appeared: The accident occurred at the extreme edge of the city territory, within a few feet of the line of Carroll township, about a mile and a half…
1Opinion of the CourtJustice Paxson
It was error to affirm the plaintiff’s third point. The effect of it was to declare that it was the duty of the defendant corporation to keep this country road in a safe condition for travel both by day and by night. It is true the defendant is a city, and its charter provides that the corporate officers “shail cause the streets, sidewalks, alleys, courts, roads, lanes, squares, parks, etc., to be kept clean, clear of obstructions, dangerous openings, and in good condition and repair.” This, however, is but declaratory of the law as it exists throughout the state as regards the care of the…
2Cases cited3 opinions
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