Hill v. Township of Tionesta
Pennsylvania Court of Common Pleas, Forest County
No. 229 October Term 1891, Sup. Ct.; court below, No. 9 December Term 1889, C. P. On October 16, 1889, C. A. Hill brought trespass against Tionesta Township, to recover damages for injuries to the plaintiff’s horse, alleged to have resulted from negligence on the part of the defendant township. * The defendant’s plea was not guilty.
Read the full summary
No. 229 October Term 1891, Sup. Ct.; court below, No. 9 December Term 1889, C. P. On October 16, 1889, C. A. Hill brought trespass against Tionesta Township, to recover damages for injuries to the plaintiff’s horse, alleged to have resulted from negligence on the part of the defendant township. * The defendant’s plea was not guilty. At the trial, on December 18, 1890, the following facts were shown: Fo* many years a public road had been in existence and in use along the west bank of the Allegheny river within the limits of the defendant township. It occupied a narrow strip of ground, bounded,…
1Opinion of the Court
Opinion,
Mr. Justice Green :
The only question that needs consideration in this case is *17the alleged contributory negligence of the plaintiff in sending out his team over the road in question. It was proved by the witnesses on both sides that the road was extremely narrow in places, that the wagon track at the place of the accident was within a foot of the edge of the bank, and that the descent of the bank to the river was about fifteen feet. The plaintiff’s mare stepped into a deep rut or hole with one of her feet, and was injured by falling over the bank while her foot was fast in the hole or…
2Cases cited3 opinions
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- Forks Township v. KingSupreme Court of Pennsylvania · 1876
3Cited by11 opinions
- McManamon v. Hanover TownshipSupreme Court of Pennsylvania · 1911
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Buckingham v. Commary-Peterson Co.California Court of Appeal · 1918
- Smith v. City of New CastleSupreme Court of Pennsylvania · 1896
- Hentz v. Borough of SomersetSuperior Court of Pennsylvania · 1896
6 more not listed; retrieve them via the Exa API.