Auberle v. City of McKeesport
Supreme Court of Pennsylvania
Appeal, No. 46, Oct. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 95, on verdict for plaintiff. Trespass for personal injuries. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 46, Oct. T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 95, on verdict for plaintiff. Trespass for personal injuries. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. At the trial James Stratton was asked this question: “Q. State whether, in view of the examination that you made of the bridge on the day after the accident and since that time before the guard rails were put up, as you say, in view of your knowledge of the locality in the last forty years, whether, in your opinion, the bridge was dangerous or…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge, manifestly against his own judgment, *324admitted the opinions of witnesses that the bridge where the accident took place was dangerous. The facts were not in dispute on this point; the bridge was the full width of the road way, thirty-three feet; it was only from fifteen to eighteen feet long, and four or five feet above the bed of the run. The situation was capable of full and exact description, and whether the absence of a guard rail under such circumstances made the bridge dangerous for ordinary travel was a matter on which every juror was as…
2Cases cited7 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Monongahela City v. FischerSupreme Court of Pennsylvania · 1886
- McNerney v. Reading CitySupreme Court of Pennsylvania · 1892
- Dooner v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1894
- Beatty v. GilmoreSupreme Court of Pennsylvania · 1851
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3Cited by13 opinions
- Cooper v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1936
- Delair v. McAdooSupreme Court of Pennsylvania · 1936
- Commonwealth v. EylerSupreme Court of Pennsylvania · 1907
- Beardslee v. Columbia TownshipSupreme Court of Pennsylvania · 1898
- Miller v. PhiladelphiaSupreme Court of Pennsylvania · 1942
8 more not listed; retrieve them via the Exa API.