Gilberton Borough v. Schuylkill Traction Co.
Superior Court of Pennsylvania
Appeal, No. 202, Oct T., 1902, by defendant, from judgment tif C. P. Schuylkill Co., July T., 1899, No. 137, on verdict for plaintiff in case of Gilberton Borough v. Schuylkill Traction Company. Trespass to recover the amount of a judgment paid for personal injuries. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 202, Oct T., 1902, by defendant, from judgment tif C. P. Schuylkill Co., July T., 1899, No. 137, on verdict for plaintiff in case of Gilberton Borough v. Schuylkill Traction Company. Trespass to recover the amount of a judgment paid for personal injuries. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [As I have stated to you, the damages which the defendant is required to protect the borough against is damages not only from the construction of the road, but from the operation of the road; and, of course, we think it is a question…
1Opinion of the Court
Opinion by
Okbady, J.,
Patrick Ryan brought suit against the borough, of Gilberton and recovered a verdict of $1,000 as damages sustained by him by reason of the alleged negligence of the borough in failing to keep one of its highways, on which the defendant traction company was operating its street car system, in good repair. The borough paid the judgment so recovered and brought this action to recover from the defendant company under a contract between the latter and the borough. By virtue of an ordinance dated February 29, 1892, the Mahanoy City, Shenandoah, Girardville & Ashland Street…
2Cases cited6 opinions
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
- Wilkinson Manufacturing Co. v. WeldeSupreme Court of Pennsylvania · 1900
- Lumis v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Shallcross v. City of PhiladelphiaSupreme Court of Pennsylvania · 1898
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1902
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