Norristown v. Moyer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of July Term 1870, No. 128. This was an action on the case, brought April 9th 1869, by Joseph Moyer against thé Burgess and Town Council of the Borough of Norristown.
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Error to the Court of Common Pleas of Montgomery county: Of July Term 1870, No. 128. This was an action on the case, brought April 9th 1869, by Joseph Moyer against thé Burgess and Town Council of the Borough of Norristown. The declaration was, that the defendants had permitted to be erected in Washington street, a public highway in Norristown, a large pole, and permitted the same to continue till it became rotten, to the nuisance of the citizens, &e.; that the plaintiff was employed in unloading lumber on the street, and whilst so employed the pole broke and fell upon him, broke one of his…
1Opinion of the Court
The opinion was delivered,
2Per curiam
The offers of testimony by the defendants below to prove that that part of Washington street where the plaintiff was injured by the falling of the pole was not generally travelled, and that the spot on which he was at the time of the injury was a part of the street upon which, the Philadelphia and Germantown Railroad Company had located their road and switches, and that the plaintiff was engaged at the time in labor connected with the railroad, was properly rejected. It was not pretended that the street had not been opened and graded by the town authorities and under…
3Cited by19 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Donald Feeley v. United StatesCourt of Appeals for the Third Circuit · 1964
- Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
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