Legal Opinion

Platz v. McKean Township

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 26PublishedCited by 16 opinions

Appeal, No. 26, July T., 1895, by defendants, from judgment of C. P. Erie Co., September T., 1890, No. 3, on verdict for plaintiff. Trespass for personal injuries. Before Greer, P. J. At tbe trial it appeared that plaintiff’s wife was injured on August 15,1889, while driving on a township road leading south from Middleboro. At the place where the accident occurred there was a sluice or culvert covered by a small bridge of planks.

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Appeal, No. 26, July T., 1895, by defendants, from judgment of C. P. Erie Co., September T., 1890, No. 3, on verdict for plaintiff. Trespass for personal injuries. Before Greer, P. J. At tbe trial it appeared that plaintiff’s wife was injured on August 15,1889, while driving on a township road leading south from Middleboro. At the place where the accident occurred there was a sluice or culvert covered by a small bridge of planks. There was evidence that the planks were dished towards the center of the bridge. There was also evidence that the planks were in bad condition, and that by reason…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The plaintiff’s wife jumped or was thrown from a buggy and injured while driving upon the old Edinboro Plank road, in McKean township, about half a mile south of Middleboro. The court instructed the jury that if she jumped from the buggy the plaintiff could not recover. In the narr on which the case was tried the road was described as “ a public or township road commonly called the Old Edinboro Plank road leading from Erie to Middleboro.” At the close of the plaintiff’s evidence in chief the defendants moved for a nonsuit on the ground that the allegata and…

2Cases cited5 opinions

  1. Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
  2. Dundas v. City of LansingMichigan Supreme Court · 1889
  3. Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
  4. Kelley v. Mayberry TownshipSupreme Court of Pennsylvania · 1893
  5. Long v. Township of MilfordSupreme Court of Pennsylvania · 1890

3Cited by16 opinions

  1. Neuberg v. BobowiczSupreme Court of Pennsylvania · 1960
  2. Danko v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
  3. Commonwealth v. AlessioSupreme Court of Pennsylvania · 1933
  4. Standen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
  5. King v. HoltSuperior Court of Pennsylvania · 1963

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