Legal Opinion

Long v. Township of Milford

Supreme Court of Pennsylvania

Decided October 6, 1890No. 68PublishedCited by 1 opinion

ARPEAR BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE JUNIATA COUNTY. No. 68 July Term 1890, Sup. Ct.; court below, No. 101 December Term 1887, C. P. On November 14, 1887, John F. G. Long brought trespass against the township of Milford. Issue. At the trial on April 27,1888, it was made to appear that on July 12,1887, the plaintiff was driving with a blind horse along a highway in defendant township, at a point where there was a steep bank at the side of the road.

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ARPEAR BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE JUNIATA COUNTY. No. 68 July Term 1890, Sup. Ct.; court below, No. 101 December Term 1887, C. P. On November 14, 1887, John F. G. Long brought trespass against the township of Milford. Issue. At the trial on April 27,1888, it was made to appear that on July 12,1887, the plaintiff was driving with a blind horse along a highway in defendant township, at a point where there was a steep bank at the side of the road. The. plaintiff testified that he was driving with the lines in his hands, when the horse suddenly took fright, plunged to the side…

1Per curiam

The first four assignments are not in accordance with the rules of court, and will not be considered. We fail to discover error in the portion of the charge embraced in the fifth assignment. The language of the court was justified by the evidence, and was free from error. The sixth assignment alleges that the court erred in charging the jury that “if they were both *128guilty of negligence, the plaintiff could not recover. The law does not stop to measure the degree of negligence on the part of the plaintiff.” Not only is this free from error, but it is strictly accurate. The rule is, that if the…

2Cited by1 opinion

  1. Platz v. McKean TownshipSupreme Court of Pennsylvania · 1897

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