Legal Opinion

Mellor v. Burgess & Town Council of Bridgeport

Supreme Court of Pennsylvania

Decided May 23, 1899No. Appeal, No. 296PublishedCited by 16 opinions

Appeal, No. 296, Jan. T., 1898, by plaintiff, from order of C. P. Montgomery Co., March T., 1897, No. 56, refusing to take off nonsuit. Trespass to recover damages for personal injuries.

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Appeal, No. 296, Jan. T., 1898, by plaintiff, from order of C. P. Montgomery Co., March T., 1897, No. 56, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before We and, J. At the trial it appeared that plaintiff was injured while driving on Front street in the borough of Bridgeport on his way home between 6 and 7 o’clock in the evening of November 14, 1896. He had the choice of going either by Fourth street or Front street, and chose the latter. At the point where he turned into Front street from a cross street, the width of Front street was about thirty feet.…

1Opinion of the Court

Opinion by

Mb. Chief Justice Stebbett,

This appeal is from the refusal of the learned court below to take off the nonsuit which was ordered at the trial on the ground that the plaintiff was guilty of contributory negligence.

The.only question presented here is, whether the evidence was such as required submission to the jury of the questions of negligence and contributory negligence. As to the former, there is no room for any doubt. If the testimony on that subject is true no jury could hesitate to find that the defendant borough was guilty of negligence in leaving the steep embankment down to…

2Cases cited2 opinions

  1. Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
  2. Stokes v. Township of RalphoSupreme Court of Pennsylvania · 1898

3Cited by16 opinions

  1. Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
  2. Sculley v. PhiladelphiaSupreme Court of Pennsylvania · 1955
  3. Schaut v. St. Marys' BoroughSuperior Court of Pennsylvania · 1940
  4. Scurco v. KartSupreme Court of Pennsylvania · 1954
  5. Graham v. Reynoldsville Boro.Superior Court of Pennsylvania · 1938

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