Kelchner v. Nanticoke Borough
Supreme Court of Pennsylvania
Appeal, No. 245, Jan. T., 1904, by-defendant, from judgment of C. P. Luzerne Co., May T., 1900, No. 494, on verdict for plaintiff in case of R. P. Kelchner and Emma Kelchner v. Nanticoke Borough. Trespass to recover damages for personal injuries. Before Wheaton, J. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 245, Jan. T., 1904, by-defendant, from judgment of C. P. Luzerne Co., May T., 1900, No. 494, on verdict for plaintiff in case of R. P. Kelchner and Emma Kelchner v. Nanticoke Borough. Trespass to recover damages for personal injuries. Before Wheaton, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The following were the questions submitted to the jury and the answers thereto: 1. Were there ashes piled up on the street at the point where Mrs. Kelchner fell ? Answer: Yes. 2. If so, had they been there long, and how long ? Answer: Three weeks…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This action was brought to recover damages for alleged negligence on the part of the defendant in failing to keep the public highway clear of obstructions to foot travelers. The specific act charged was failure to level down a small heap of ashes which had been deposited in the roadway by some of the adjoining residents. It appears from the evidence that the placing of ashes in the wagonway in that vicinity was not regarded as detrimental under ordinary circumstances, as the road was cut down to hard rock, and the ashes tended to prevent slipping and added…
2Cases cited2 opinions
- Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
- Hayes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
3Cited by17 opinions
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Crotty v. Eeading Industries, Inc.Superior Court of Pennsylvania · 1975
- Williamson v. PavlovichOhio Supreme Court · 1989
- Panek v. Scranton Railway Co.Supreme Court of Pennsylvania · 1917
- City of Pueblo v. SmithSupreme Court of Colorado · 1914
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