Borough of Pittston v. Hart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of July Term 1878, No. 70. Case by Hugh Hart against the Borough of Pittston, to recover damages for injuries to the plaintiff’s son and a team of horses, resulting from an accident alleged to have been caused by the negligence of defendant, in not constructing a railing along a dangerous portion of a street in said borough. The, material facts are stated in the opinion of this court.
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Error to the Court of Common Pleas of Luzerne county: Of July Term 1878, No. 70. Case by Hugh Hart against the Borough of Pittston, to recover damages for injuries to the plaintiff’s son and a team of horses, resulting from an accident alleged to have been caused by the negligence of defendant, in not constructing a railing along a dangerous portion of a street in said borough. The, material facts are stated in the opinion of this court. At the trial, before Handley, J., the defendant submitted the following points: 1. That the borough of Pittston is not responsible for an accident caused by…
1Opinion of the CourtJustice Gordon
The verdict and evidence in this case establish the following facts: Pittston is a large borough, having a population of some eight or ten thousand. The street upon which this runaway happened, is the main one of the town, and whilst its general width is *391some sixty-six feet, it narrows to a width of thirty-six feet, including the sidewalk, at the place of the accident. On the west side, and at the point mentioned, some twelve feet lower than the street, is the Lehigh Yalley Railroad, from the track of which up to a level with said street, is a perpendicular stone wall, built, no doubt, for…
2Cited by6 opinions
- Rasmus v. Pennsylvania R.R. Co.Superior Court of Pennsylvania · 1949
- Trexler v. Greenwich TownshipSupreme Court of Pennsylvania · 1895
- Cage v. Township of FranklinSuperior Court of Pennsylvania · 1899
- Dixon v. Township of ButlerSuperior Court of Pennsylvania · 1897
- Haines v. Barclay TownshipSupreme Court of Pennsylvania · 1897
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