Dean v. New Milford Township
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. This was an action on the case, by Thomas Dean against New Milford Township, to recover damages for an injury sustained by the plaintiff in' consequence of a public road in said township being out of repair. The proof was that the road was out of repair; by reason of which, the plaintiff’s carriage was broken, one of his horses killed and another injured.
Read the full summary
ERROR to the Common Pleas of Susquehanna county. This was an action on the case, by Thomas Dean against New Milford Township, to recover damages for an injury sustained by the plaintiff in' consequence of a public road in said township being out of repair. The proof was that the road was out of repair; by reason of which, the plaintiff’s carriage was broken, one of his horses killed and another injured. The only question was, whether the action could be maintained ? The court below was of opinion that it could not, and directed a verdict for the defendant. argued, that although he thought it…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
An action on the case will lie for an injury sustained by omitting to repair a road. Russel v. The Men of De*546von, (2 T. R. 671); Bartlett v. Crozier, (15 Johns. 253). In the latter case, the action was brought against the overseers of the highway, and it was held, that wherever an individual has sustained an injury by the misfeasance or nonfeasance of an officer who acts or omits to act, contrary to his duty, the law affords redress by an action on the case adapted to the injury. A suit, therefore, would be well brought against the…
2Cited by21 opinions
- DuBree v. CommonwealthSupreme Court of Pennsylvania · 1978
- Rader v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1962
- House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878
- McLaughlin v. City of CorrySupreme Court of Pennsylvania · 1875
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
16 more not listed; retrieve them via the Exa API.