Legal Opinion

McCormick v. Allegheny County

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 180PublishedCited by 14 opinions

Appeal, No. 180, Oct. T., 1917, by- defendant, from judgment of O. P. Allegheny Co., April T., 1915, No. 2541, on verdict for plaintiff in case of Margaret McCormick v. Allegheny County. Trespass to recover damages for personal injuries.

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Appeal, No. 180, Oct. T., 1917, by- defendant, from judgment of O. P. Allegheny Co., April T., 1915, No. 2541, on verdict for plaintiff in case of Margaret McCormick v. Allegheny County. Trespass to recover damages for personal injuries. Before Swearingen, J. At the trial the jury returned a verdict for $4,000. On a rule for a new trial and for judgment n. o. v., Swearingen, J., filed the following opinion: Margaret A. McCormick brought an action against the County of Allegheny to recover damages for an injury she sustained by reason cf falling upon a sidewalk, located along a road which had…

1Opinion of the Court

Per Curiam,

When this case was tried and finally disposed of in the court below, Clark v. Allegheny County, 260 Pa. 199, had not been argued before us. What we there decided is conclusive óf the correctness of the view of the learned trial judge, that the duty rested upon the county to keep the Banksville road in proper repair.

As to the contention of the appellant that a demand ought to have been made upon it for the payment of the damages claimed by the appellee before an action could be maintained against it to recover them, nothing more heed be said than that, as they were unliquidated, the…

2Cases cited1 opinion

  1. Clark v. Allegheny CountySupreme Court of Pennsylvania · 1918

3Cited by14 opinions

  1. Morris v. Mount Lebanon Township School DistrictSupreme Court of Pennsylvania · 1958
  2. Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
  3. Greene County v. Center TownshipSupreme Court of Pennsylvania · 1931
  4. Hoffmaster v. County of AlleghenyCommonwealth Court of Pennsylvania · 1988
  5. Johnson v. City of BillingsMontana Supreme Court · 1936

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