Geiser Manufacturing Co. v. Frankford Township
Supreme Court of Pennsylvania
Appeal, No. 1, March T., 1907, by plaintiff, from judgment of C. P. Cumberland Co., Feb. T., 1905, No. 175, on verdict for defendant in case of the Geiser Manufacturing Company v. Frankford Township. Assumpsit to recover on a contract for the sale of a traction engine. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. The trial judge gave binding instructions for defendant. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
On August 21, 1904, a traction engine owned by Anson Metzger broke through a bridge in the defendant township and was wrecked; the sole cause of the accident being the defective condition of the bridge, and without any contributory negligence on the part of Metzger. On the following day Metzger gave notice of his claim against the township supervisors, T. K. Warner and G. H. Fry, when, after several interviews between these parties it was admitted that the township was liable in damages for the loss sustained by Metzger, and the supervisors promised to purchase and pay…
2Cited by1 opinion
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