Haven v. Pittsburgh & Allegheny Bridge Co.
Supreme Court of Pennsylvania
Appeal, No. 27, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1890, No. 775, on verdict for plaintiff, Martha W. Brown Haven. Trespass for personal injuries. On the trial, the evidence tended to establish the following facts: Defendant company on May 28, 1890, was engaged in taking down their old bridge and replacing it with a new one. The work was being done in such a way as to allow travel to continue.
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Appeal, No. 27, Oct. T., 1892, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1890, No. 775, on verdict for plaintiff, Martha W. Brown Haven. Trespass for personal injuries. On the trial, the evidence tended to establish the following facts: Defendant company on May 28, 1890, was engaged in taking down their old bridge and replacing it with a new one. The work was being done in such a way as to allow travel to continue. The footway at the Pittsburgh end was torn up for some two thirds of the way across, but the roadway with two tracks for street cars was open to travel.…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
By the undisputed testimony in this case, the bridge company defendant, was engaged at the time of the accident, in the work of taking down the old bridge, and erecting a new and more commodious bridge in its place. As it was very desirable to preserve the travel of the bridge during the progress of the change, the work of construction was so conducted as to continue the travel on the roadway of the bridge. This could not be done on the footways, as they had to be taken up entirely, and, consequently, the travel on the footways was suspended while the work was…
2Cases cited6 opinions
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- Forks Township v. KingSupreme Court of Pennsylvania · 1876
- Barnes v. SowdenSupreme Court of Pennsylvania · 1888
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- Downing v. ShafferSuperior Court of Pennsylvania · 1977
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