Legal Opinion

Smith v. Muncy Creek Township

Supreme Court of Pennsylvania

Decided May 4, 1903No. Appeal, No. 286PublishedCited by 6 opinions

Appeal, No. 286, Jan. T., 1902, by defendant, from judgment of C. P. Lycoming Co., June T., 1900, No. 52, on verdict for plaintiff in case of Harry M. Smith v. Muncy Creek Township. Trespass to recover damages for personal injuries. Before McClure, P. J., of the 17th judicial district, specially presiding.

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Appeal, No. 286, Jan. T., 1902, by defendant, from judgment of C. P. Lycoming Co., June T., 1900, No. 52, on verdict for plaintiff in case of Harry M. Smith v. Muncy Creek Township. Trespass to recover damages for personal injuries. Before McClure, P. J., of the 17th judicial district, specially presiding. From the record it appeared that the plaintiff was the fireman on a traction engine and while it was crossing a bridge over Little Muncy creek in Muncy Creek township, Lycoming county, the bridge floor broke through and the engine was precipitated into the water of the stream below, the…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The bridge that broke under the weight of the traction engine on which the plaintiff was riding was built by the county commissioners in 1844, and from that time to the time of the accident in 1899, the floor timbers had not been renewed nor inspected by boring. The main question of law at the trial was whether the township was liable for the failure of its supervisors to keep a county bridge in repair. The Act of April 13, 1843, P. L. 221, relieves townships from the duty of making ordinary repairs to county bridges, and imposed the duty on the county…

2Cases cited1 opinion

  1. Whitmire v. Township of Muncy CreekSuperior Court of Pennsylvania · 1901

3Cited by6 opinions

  1. Wasser v. Northampton CountySupreme Court of Pennsylvania · 1915
  2. Gehringer v. Lehigh CountySupreme Court of Pennsylvania · 1911
  3. Workingman's Savings Bank & Trust Co. v. PittsburghSupreme Court of Pennsylvania · 1925
  4. Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907
  5. Askin Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1946

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