Wagner v. Hazle Township
Supreme Court of Pennsylvania
Appeal, No. 109, Jan. T., 1906, by defendant, from judgment of C. P. Luzerne Có., Oct. T., 1908, No. 212, on verdict for plaintiff in case of Elmer E. Wagner et ux. v. Hazle Township. Trespass to recover damages for personal injuries.
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Appeal, No. 109, Jan. T., 1906, by defendant, from judgment of C. P. Luzerne Có., Oct. T., 1908, No. 212, on verdict for plaintiff in case of Elmer E. Wagner et ux. v. Hazle Township. Trespass to recover damages for personal injuries. Before Lynch, P. J. At the trial it appeared that on the night of August 15,1901, Elmer E. Wagner and his wife were driving over a township bridge when the wheel of the wagon fell into an opening in the bridge, and before the wagon could be pulled out a street car ran into it, and Mrs. Wagner was hurt. It was claimed that after the wagon was caught in the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The proximate cause of Mrs. Wagner’s injuries was the hole or opening in the bridge, and if the.jury found, as they did, that the hole was caused by the negligence of the defendant township, its liability necessaxily followed.
The defective bridge which caused the accident was a part of a township road, and the duty to keep it in proper repair and safe coxxditioxx for public travel rested primarily upoxx the township. The Act of June 12,1893, P. L. 451, 2 Purd. 1881, did not relieve the towxxship from this liability. Such was not the purpose of that statute.…
2Cases cited2 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Dougherty v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1906
3Cited by38 opinions
- State v. SorrentinoWyoming Supreme Court · 1924
- Narciso v. Mauch Chunk TownshipSupreme Court of Pennsylvania · 1952
- Rice v. HillSupreme Court of Pennsylvania · 1934
- Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- McLaughlin v. StateWyoming Supreme Court · 1989
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