Shuman v. North Union Township
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1920, by plaintiff, from order of C. P. Schuylkill Co., Nov. T., 1918, No-. 248, refusing to take off nonsuit in case of John A. Shuman v. North Union Township. Trespass for personal injuries. Before Berger, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Plaintiff, on a dark night, was traveling along a highway with which he was familiar, and knew that improvements had recently been made thereon. Under his huckstering wagon, there was attached a lantern throwing its rays a sufficient distance ahead to locate the feet of the horses, the ground around them and some distance ahead of the team. As he drove along, he came to a place where the old road was being reconstructed by having its grade reduced. This was accomplished by building a new road parallel thereto and lower down. The new road fell off quite rapidly…
2Cases cited4 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Auberle v. City of McKeesportSupreme Court of Pennsylvania · 1897
- Mueller v. Ross TownshipSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Gryning v. PhiladelphiaSupreme Court of Pennsylvania · 1921
- Kelly v. Northampton County Agricultural SocietySupreme Court of Pennsylvania · 1926
- Frye v. Washington TownshipSupreme Court of Pennsylvania · 1927