Decker v. East Washington Borough
Superior Court of Pennsylvania
Appeal, No. 18, April T., 1902, by defendant, from judgment of C. P. Washington Co., Aug. T., 1899, No. 5, on verdict for plaintiff in case of T. J. Decker v. East Washington Borough. Trespass to recover damages for personal injuries. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Errors assigned were in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
William W. Porter, J.,
A verdict has been recovered in this case against the borough of East Washington based upon negligence on the part of the borough in the maintenance of a public way. The appellant alleges, first, that it is relieved from liability, because the work being done at the point where the plaintiff was injured was in the hands of an independent contractor; second, that the borough had no notice of the absence of the guard rail, alleged to have been the cause of the plaintiff’s injury, and third, that the plaintiff by his negligence contributed to the accident which…
2Cases cited5 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Hentz v. Borough of SomersetSuperior Court of Pennsylvania · 1896
- Snyder v. Penn TownshipSuperior Court of Pennsylvania · 1900
3Cited by3 opinions
- Bracken v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1906
- Tolan v. PhiladelphiaSuperior Court of Pennsylvania · 1908
- Shuster v. Jaffola & Mark, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1935