Clulow v. McClelland
Supreme Court of Pennsylvania
Appeal, No. 102, Oct. T., 1892, by plaintiffs, Thomas Clulow et al., trading as Clulow & Ohler Brothers, from judgment of C. P. Yenango Co., April T., 1890, No. 48, entering judgment of nonsuit in favor of defendants, James P. McClelland et al., road commissioners of French-creek township. Trespass to recover damages for injuries to steam threshing machine caused by breaking down of township bridge. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 102, Oct. T., 1892, by plaintiffs, Thomas Clulow et al., trading as Clulow & Ohler Brothers, from judgment of C. P. Yenango Co., April T., 1890, No. 48, entering judgment of nonsuit in favor of defendants, James P. McClelland et al., road commissioners of French-creek township. Trespass to recover damages for injuries to steam threshing machine caused by breaking down of township bridge. The facts appear by the opinion of the Supreme Court. On the trial, before Taylor, P. J., when the plaintiff’s evidence was in, the court granted a compulsory nonsuit and afterwards refused to…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
It was held in McCormick v. Township of Washington, 112 Pa. 185, that “ a township is not required to assume that its bridges will be used in an unusual and extraordinary manner, either by crossing at great speed or by the passing of a very large and unusual weight. As it does not anticipate any such use it is not required to so build as to protect against injury resulting from such reckless conduct. Its liability stops with constructing and maintaining its bridges so as to protect against injury by a reasonable, proper and probable use thereof in view of…
2Cases cited1 opinion
- McCormick v. Township of WashingtonSupreme Court of Pennsylvania · 1886
3Cited by5 opinions
- Coulter v. Pine TownshipSupreme Court of Pennsylvania · 1894
- Wasser v. Northampton CountySupreme Court of Pennsylvania · 1915
- Gehringer v. Lehigh CountySupreme Court of Pennsylvania · 1911
- Megargee v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Pool v. VanSuperior Court of Pennsylvania · 1909