Grace v. Standing Stone Township
Superior Court of Pennsylvania
Appeal, No. 186, Oct. T., 1911, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1906, No. 319, on verdict for plaintiff in case of William H. Grace v. Standing Stone Township. Trespass to recover damages for injuries to a horse alleged to have been caused by a defective stone in a culvert. Before Fanning, P. J. At the trial it appeared that plaintiff’s horse was injured in March, 1906, by breaking through a culvert on one of the township roads.
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Appeal, No. 186, Oct. T., 1911, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1906, No. 319, on verdict for plaintiff in case of William H. Grace v. Standing Stone Township. Trespass to recover damages for injuries to a horse alleged to have been caused by a defective stone in a culvert. Before Fanning, P. J. At the trial it appeared that plaintiff’s horse was injured in March, 1906, by breaking through a culvert on one of the township roads. There was evidence that the horse stepped on a thin and rotten stone which had been used to cover the culvert. F. C. Landmesser, one of…
1Opinion of the Court
Opinion by
Henderson, J.,
There can be no doubt as to the duty of the township to construct its highways and maintain the same in a reasonably safe condition for ordinary travel. This obligation is expressly imposed by the Act of June 13, 1836, P. L. 551. The culvert at which the plaintiff’s horse was hurt was a part of the township highway. There is no complaint in regard to the plan of its construction, but there was evidence tending to establish the fact found by the jury that one of the stones used in making the cover for the culvert was “shelly,” “seamy” and “rotten”; that it was about an…
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- Kennedy v. City of WilliamsportSuperior Court of Pennsylvania · 1899
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