Legal Opinion

Mountz v. North Versailles Township

Supreme Court of Pennsylvania

Decided January 4, 1909No. Appeals, Nos. 175 and 176PublishedCited by 1 opinion

Appeals, Nos. 175 and 176, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 212, on verdict for plaintiffs in cases of Lawrence Mountz and Margaret E. Mountz, his wife, v. North Versailles Township. Trespass to recover damages for personal injuries. Before Ford, J. The circumstances of the accident are stated in the opinion of the Supreme Court.

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Appeals, Nos. 175 and 176, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 212, on verdict for plaintiffs in cases of Lawrence Mountz and Margaret E. Mountz, his wife, v. North Versailles Township. Trespass to recover damages for personal injuries. Before Ford, J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for Margaret E. Mountz for $6,000 and for Lawrence Mountz for $3,Q00. Defendant appealed. Error assigned amongst others was in refusing binding instructions for defendant.

1Opinion of the Court

Per Curiam,

Margaret E. Mountz, one of the plaintiffs, was injured by falling into a hole at the side of a public road. The main question presented by the appeal is whether a case of negligence on the part of the township was made out, clear of contributory negligence on her part. On one side of the road there ivas a bank that sloped to a stream several feet below. According to the plaintiff’s testimony the bank had in places been worn away by the action of water, and the bed of the road was undermined. At one place where the traveled way was only eight or nine feet wide, there was a hole at…

2Cited by1 opinion

  1. Amey v. ScrantonSuperior Court of Pennsylvania · 1937

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