Legal Opinion

Herr v. City of Lebanon

Supreme Court of Pennsylvania

Decided May 16, 1892No. Appeal, No. 81PublishedCited by 41 opinions

Appeal, No. 81, July T., 1891, by defendant, from judgment of C. P. Lebanon Co., on verdict for plaintiff, Joseph Herr and Clara, his wife, in right of said wife. Tresspass for personal injuries. The verdict was for the plaintiff in the sum of $1,950, subject to the opinion of the court upon the point reserved, viz.: Whether there was any evidence of negligence on the part of the city to go to the jury.

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Appeal, No. 81, July T., 1891, by defendant, from judgment of C. P. Lebanon Co., on verdict for plaintiff, Joseph Herr and Clara, his wife, in right of said wife. Tresspass for personal injuries. The verdict was for the plaintiff in the sum of $1,950, subject to the opinion of the court upon the point reserved, viz.: Whether there was any evidence of negligence on the part of the city to go to the jury. The two questions submitted to the jury and their answers thereto and the other facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto were, inter alia :…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

The plaintiff was injured by an accident happening on one of the streets of the city of Lebanon. She seeks by this action to hold the city responsible for the consequences of the accident on the ground that the proximate cause of her injury was the negligence of the city. The circumstances are told by the driver of the omnibus in which she was a passenger, and whom she called as a witness for that purpose. He says that there were *225four adults besides himself in and upon the omnibus, five children and some household goods, including a sewing machine. It was drawn…

2Cases cited5 opinions

  1. Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
  2. Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
  3. Keyes v. Village of MarcellusMichigan Supreme Court · 1883
  4. Chartiers Tp. v. PhillipsSupreme Court of Pennsylvania · 1888
  5. Township of Jackson v. WagnerSupreme Court of Pennsylvania · 1889

3Cited by41 opinions

  1. Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
  2. Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
  3. Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Salt River Valley Water Users' Ass'n v. CornumArizona Supreme Court · 1937
  5. Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896

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