Forker v. Borough of Sandy Lake
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FBOM THE COUBT OF COMMON PLEAS OF MEBCEB COUNTY. No. 4 October Term 1889, Sup. Ct.; court below, No. 47 January Term 1888, C. P. On October 29,1887, S. B. Porker brought trespass against the borough of Sandy Lake, to recover for personal injuries alleged to have been suffered by the plaintiff in consequence of the negligence of the defendant. The defendant’s plea was not guilty.
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APPEAL BY DEFENDANT FBOM THE COUBT OF COMMON PLEAS OF MEBCEB COUNTY. No. 4 October Term 1889, Sup. Ct.; court below, No. 47 January Term 1888, C. P. On October 29,1887, S. B. Porker brought trespass against the borough of Sandy Lake, to recover for personal injuries alleged to have been suffered by the plaintiff in consequence of the negligence of the defendant. The defendant’s plea was not guilty. At the trial on May 17,1888, the following facts were shown: Sandy Lake is a borough of a few hundred inhabitants. The greater number of its houses are on Main street, which runs through it north…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen :
We think the first and second assignments of error are sustained. Practically, the learned court below, in the portions of the charge covered by these two assignments, assumed that the borough was guilty of negligence in the structure of the sidewalk at the place of the accident. The question of the defendant’s negligence in this regard was not submitted to the jury for their consideration in this part of the charge, but was as*135sumed, and indeed substantially asserted, as an established fact. Thus, the court said: “ So that there does not seem to be much dispute in…
2Cases cited1 opinion
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
3Cited by4 opinions
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- Shreve v. City of Fort WayneIndiana Supreme Court · 1911
- Allen v. Township of WarwickSuperior Court of Pennsylvania · 1899
- Hadley v. City of CoatesvilleSuperior Court of Pennsylvania · 1922