Rigony v. County of Schuylkill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county : Of July term 1883, No. 7. Case, by Catherine Rigony, widow of James Whalen, deceased, and John Rigony, her husband, and John Whalen, Martin Whalen and Frank Whalen, minor children of James Whalen, against the county of Schuylkill, to recover damages for the death of said James Whalen through the falling of a bridge in the borough of Gilberton, Schuylkill county, caused by the alleged negligence of defendant.
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Error to the Court of Common Pleas of Schuylkill county : Of July term 1883, No. 7. Case, by Catherine Rigony, widow of James Whalen, deceased, and John Rigony, her husband, and John Whalen, Martin Whalen and Frank Whalen, minor children of James Whalen, against the county of Schuylkill, to recover damages for the death of said James Whalen through the falling of a bridge in the borough of Gilberton, Schuylkill county, caused by the alleged negligence of defendant. Plea, not guilty. On the trial, before Bechtel, J., the following facts appeared : The bridge in question was an iron bridge,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Geeen,
Under the Act of March 6th 1860 § 2, P. L. 105, we think it *385clear that the borough of Giberton and not the county of Schuylkill was subject to the duty of keeping in repair the bridge in question in this case. The Act of March 21st 1861, P. L. 163, restricted the generality of this duty, but in a very peculiar manner. The Act provides that the Act of 1860, § 2, shall not be construed so as to require the townships and boroughs of the county to keep in repair county bridges erected therein, “ when in tho opinion of the Auditors of the…
2Cited by8 opinions
- Travers v. Delaware CountySupreme Court of Pennsylvania · 1924
- Gehringer v. Lehigh CountySupreme Court of Pennsylvania · 1911
- Whitmire v. Township of Muncy CreekSuperior Court of Pennsylvania · 1901
- Sumey v. Fayette CountySupreme Court of Pennsylvania · 1929
- Workingman's Savings Bank & Trust Co. v. PittsburghSupreme Court of Pennsylvania · 1925
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