Morford v. Sharpsville Borough
Superior Court of Pennsylvania
Appeal, No. 248, April T., 1905, by defendant, from judgment of C. P. Mercer Go., Jan. T., 1902, No. 138, on verdict for plaintiff in case of Goldie Morford, by ber father and next friend, H. O. Morford, v. Sharps-ville Borough. Trespass to recover damages for the death of a child. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 248, April T., 1905, by defendant, from judgment of C. P. Mercer Go., Jan. T., 1902, No. 138, on verdict for plaintiff in case of Goldie Morford, by ber father and next friend, H. O. Morford, v. Sharps-ville Borough. Trespass to recover damages for the death of a child. Before Galbreath, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [You have heard the witnesses say what the trouble was, Mrs. Morford saying that the horse was frightened as she went to tie him to the post and that he began to back and backed across the street…
1Opinion of the Court
Opinion by
Moeeison, J.,
This action of trespass based on the alleged negligence of the defendant, is in favor of the real plaintiff, Goldie Morford, who at the time of the accident was only two years old, and, therefore, it is conceded by the learned counsel for the defendant, that the question of contributory negligence on her part is not in the case.
The accident happened in the borough of Sharpsville on a highway called Mercer avenue. This avenue ran in a southerly direction to the cemetery just outside the borough line. Very near to the borough line the avenue is crossed by a ravine running…
2Cases cited8 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Bitting v. Township of MaxatawnySupreme Court of Pennsylvania · 1896
- Chartiers Tp. v. PhillipsSupreme Court of Pennsylvania · 1888
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3Cited by1 opinion
- Chester National Bank v. Southern Pipe Line Co.Superior Court of Pennsylvania · 1909