Legal Opinion

Dixon v. Township of Butler

Superior Court of Pennsylvania

Decided April 12, 1897No. Appeal, No. 59PublishedCited by 3 opinions

Appeal, No. 59, Nov. T., 1895, by defendant, from judgment of C. P. Schuylkill Co., May T., 1885, No. 223, on verdict for plaintiff. Trespass for personal injuries. Before Green, J. The facts sufficiently appear in the opinion of the Court. Verdict and judgment for plaintiff for $983.81. Defendant appealed.

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Appeal, No. 59, Nov. T., 1895, by defendant, from judgment of C. P. Schuylkill Co., May T., 1885, No. 223, on verdict for plaintiff. Trespass for personal injuries. Before Green, J. The facts sufficiently appear in the opinion of the Court. Verdict and judgment for plaintiff for $983.81. Defendant appealed. Errors assigned among others were (7) in refusing to charge as requested by the defendant in the eighth point, which point and answer are as follows: “ 8. As the evidence is undisputed that the horses were frightened by the locomotive or the approaching train, in consequence of which they…

1Opinion of the Court

Opinion by

Smith, J.,

This is an action against a township for negligence in the maintenance of a public highway, by reason whereof Sarah Dixon, the plaintiff’s wife, was killed. The declaration sets *336forth, as the negligence in the case, that the defendant “ wrongfully, negligently and unjustly failed to maintain and keep the said common and public highway in good order and condition, or open for public travel to the legal width, or to keep the same free from obstructions, and did then and there wrongfully, negligently and unjustly permit large quantities of coal, dirt, stones, slate and…

2Cases cited15 opinions

  1. Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
  2. Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
  3. Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
  4. Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
  5. Township of Plymouth v. GraverSupreme Court of Pennsylvania · 1889

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3Cited by3 opinions

  1. Stone v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  2. Cage v. Township of FranklinSuperior Court of Pennsylvania · 1899
  3. Maus v. Mahoning TownshipSuperior Court of Pennsylvania · 1904

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