McCormick v. Township of Washington
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of July Term, 1885, No. 108. This was an action in trespass on the case to recover damages which the plaintiff sustained through the alleged negligence of the Supervisors of Washington township, in neglecting to keep the highways of said township in a safe and passable condition.
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Error to the Court of Common Pleas of Lycoming county: Of July Term, 1885, No. 108. This was an action in trespass on the case to recover damages which the plaintiff sustained through the alleged negligence of the Supervisors of Washington township, in neglecting to keep the highways of said township in a safe and passable condition. Plea, not guilty. ' The facts of the case as they appeared on the trial before Cummin, P. J., are fully shown in the following charge: The issue which you have been sworn to try arises in an action on the case brought by Henry C. McCormick against the township of…
1Opinion of the CourtChief Justice Mercur
The duty of a. township to keep its roads and bridges in repair was correctly stated by the learned judge. It, however, is not required to assume that its bridges will be used in an unusual and extraordinary manner, either by crossing at great speed or by the passing of a very large and unusual weight. As it does nob anticipate any such use it is not required to so *197build as to protect against injury resulting from such reckless conduct. Its liability stops with constructing and maintaining its bridges so as to protect against injury by a reasonable, proper and probable use thereof in view of…
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