Kost v. Ashland Borough
Supreme Court of Pennsylvania
Appeal No. 156, Jan. T., 1912, by defendant from judgment of C. P. Schuylkill Co., Sept. T., 1909, No. 381, on verdict for plaintiff in case of Charles Host v. Ashland Borough. Trespass to recover damages for personal injuries to a little girl ten years old. Before Shay, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal No. 156, Jan. T., 1912, by defendant from judgment of C. P. Schuylkill Co., Sept. T., 1909, No. 381, on verdict for plaintiff in case of Charles Host v. Ashland Borough. Trespass to recover damages for personal injuries to a little girl ten years old. Before Shay, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the following offer was made: Mr. Reilly: We now make a formal offer of the letters patent and the charter of the Ashland Illuminating Company for the purpose of showing that they have the authority to erect their poles on the streets, lanes and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
This action was by a parent to recover for the loss occasioned by the death of a child, ten years of age, who was killed by the falling of a pole in a public street. The pole was erected some fifteen or twenty years before the accident and its use was to sustain an electric light pole on the opposite side of the street with which it was connected by a steel cable. It broke at or near the surface of the ground where it was much decayed, but the decay was from the inside and there was but little if any indication of decay on the surface of the pole. It was…
2Cases cited3 opinions
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Beck v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1912
- Peters v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1909
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- Wilson v. Consolidated Dressed Beef Co.Supreme Court of Pennsylvania · 1928
- Zimmerman v. WeinrothSupreme Court of Pennsylvania · 1922
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