Mueller v. Ross Township
Supreme Court of Pennsylvania
Appeal, No. 52, Oct. T., 1892, by defendant, from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1891, No. 98, on verdict for plaintiff, John M. Mueller. Trespass for injuries to horses and wagon. The facts appear by the opinion of the Supreme Court. At the trial, before McClung, J., defendant’s request for binding instructions was refused. Verdict and judgment for plaintiff for $69.07. Defendant appealed.
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Appeal, No. 52, Oct. T., 1892, by defendant, from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1891, No. 98, on verdict for plaintiff, John M. Mueller. Trespass for injuries to horses and wagon. The facts appear by the opinion of the Supreme Court. At the trial, before McClung, J., defendant’s request for binding instructions was refused. Verdict and judgment for plaintiff for $69.07. Defendant appealed. Error assigned, inter alia, was refusal of defendant’s request for instructions as above, quoting it.
1Opinion of the Court
Opinion by
Me. Chine Justice Paxson,
Upon the trial below the learned judge refused the defendant’s first point, praying for a binding instruction in its favor. The plaintiff alleges that an accident occurred to his team by reason of the unsafe condition of one of the public highways of Ross township; one horse falling over an embankment below the road, pulling the other horse over with him, and causing some slight damage to the horse and wagon. The public road where the injury occurred was on the side of a hill, and at this particular point there was a curve with a slope on the other side, of…
2Cited by6 opinions
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- Shuman v. North Union TownshipSupreme Court of Pennsylvania · 1920
- Solida v. Brady TownshipSuperior Court of Pennsylvania · 1915
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