Township of Plymouth v. Graver
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 277 January Term 1888, Sup. Ct.; court below, No. 46 September Term Í882, C. P. On July 8, 1882, Lewis K. Graver, trading as L. K. Graver & Co., brought an action in case against Plymouth township to recover damages for the loss of a horse, struck and killed by a train of the Plymouth Railroad Company. The cause was put at issue on March 8, 1884, by the jilea of not guilty.
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ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 277 January Term 1888, Sup. Ct.; court below, No. 46 September Term Í882, C. P. On July 8, 1882, Lewis K. Graver, trading as L. K. Graver & Co., brought an action in case against Plymouth township to recover damages for the loss of a horse, struck and killed by a train of the Plymouth Railroad Company. The cause was put at issue on March 8, 1884, by the jilea of not guilty. At the trial on September 26, 1887, the facts shown were in substance as follows: A public highway starts at Ridge avenue and runs parallel with the Plymouth…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The duties of the supervisors, in the opening and repair of the public roads, are defined by statute. The sixth section of the act of 1836 provides, that the public roads shall be effectually opened and constantly kept in repair, and at all seasons shall be kept clear of all impediments to easy and convenient passing and traveling, at the expense of the township, as the law shall direct. For any wilful or wanton failure to discharge these duties, the supervisors are personally liable, and the township is responsible in damages to those who suffer injury from their…
2Cases cited10 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Burrell Township v. UncapherSupreme Court of Pennsylvania · 1887
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Dean v. New Milford TownshipSupreme Court of Pennsylvania · 1843
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3Cited by23 opinions
- McCracken v. Curwensville BoroughSupreme Court of Pennsylvania · 1932
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
- Malloy v. Township of WalkerMichigan Supreme Court · 1889
- Tennessee Carolina Transportation, Inc. v. Strick Corp.Supreme Court of North Carolina · 1973
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
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