Conrad v. Upper Augusta Township
Supreme Court of Pennsylvania
Appeal, No. 360, Jan. T., 1901, by defendant, from judgment of C. P. Northumberland Co. Feb. T., 1900, No. 99, on verdict for plaintiff in case of Henry M. Conrad v. The Township of Upper Augusta. Trespass for personal injuries. Before Edwards, P. J., specially presiding. At the trial it appeared that plaintiff was injured on September 14, 1899, under circumstances stated in the opinion of the Supreme Court.
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Appeal, No. 360, Jan. T., 1901, by defendant, from judgment of C. P. Northumberland Co. Feb. T., 1900, No. 99, on verdict for plaintiff in case of Henry M. Conrad v. The Township of Upper Augusta. Trespass for personal injuries. Before Edwards, P. J., specially presiding. At the trial it appeared that plaintiff was injured on September 14, 1899, under circumstances stated in the opinion of the Supreme Court. The court refused to give binding instructions in favor of the defendant. Verdict and judgment for plaintiff for $2,500. Defendant appealed. Error assigned among others was (1) refusal to…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
All the assignments of error in this case raise but one question, the contributory negligence of the plaintiff.
*339It appears from the evidence that the plaintiff was thoroughly familiar with the road over which he was traveling at the time of the accident, and was in the habit of using it almost daily. It was an ordinary country road. At the hour of the accident, it was early morning, and very dark, so that the plaintiff attached a lantern to the front of his wagon to enable him to see the highway. Shortly before the accident occurred, his lantern went out. Instead…
2Cases cited1 opinion
- Winner v. Oakland TownshipSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Dooley v. Charleroi BoroughSupreme Court of Pennsylvania · 1937
- Rohlfs v. Township of FairgroveMichigan Supreme Court · 1913
- Walton v. Colwyn BoroughSuperior Court of Pennsylvania · 1902
- Frye v. Washington TownshipSupreme Court of Pennsylvania · 1927
- Bechtel v. Mahanoy City BoroughSuperior Court of Pennsylvania · 1906
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