Schaeffer v. Jackson Township
Supreme Court of Pennsylvania
Appeal, No. 227, Jan. T., 1891, from judgment of C. P. Lebanon Co., Sept. T., 1887, No. 165, on verdict for plaintiff, in trespass for personal injuries, by neglect to keep highway in repair. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 227, Jan. T., 1891, from judgment of C. P. Lebanon Co., Sept. T., 1887, No. 165, on verdict for plaintiff, in trespass for personal injuries, by neglect to keep highway in repair. The facts appear by the opinion of the Supreme Court. Defendant’s points were as follows, inter alia : 4. If the jury believe that had it not been for the frightened horse, the broken wheel, the dragging axle, or either or any of these, the driver could have safely passed along and over the highway at the place where the injury happened to the plaintiff, then the verdict must be for the defendant.…
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
The plaintiff, an infant of less than four years of age, brought suit in the court below to recover damages for injuries *148received in the same accident out of which Jackson Twp. v. Wagner, 127 Pa. 184, grew. According to the plaintiff’s witnesses, he started, in-company with his mother, two younger children and Miss Wagner, the plaintiff below in Jackson Twp. v. Wagner, to drive over one of the highways of the defendant ■ township. At this time there was upon the side of the road in question a stone pile about twenty-five feet in length by from one to three feet…
2Cases cited11 opinions
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Moulton v. Inhabitants of SanfordSupreme Judicial Court of Maine · 1862
- Jackson v. Town of BellevieuWisconsin Supreme Court · 1872
- Fogg v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1868
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3Cited by27 opinions
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Stone v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Camp v. Allegheny CountySupreme Court of Pennsylvania · 1919
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
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