Kniss v. Borough of Duquesne
Supreme Court of Pennsylvania
Appeal, No. 136, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1914, No. 2276, for defendant non obstante veredicto in case of Rosa Kniss v. Borough of Duquesne. Trespass to recover damages for death of plaintiff’s husband. The facts appear by the opinion of the Supreme Court, Verdict for plaintiff for $5,096, which the court subse-. quently set aside and entered judgment for defendant ñ. o. v. Plaintiff appealed.
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Appeal, No. 136, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1914, No. 2276, for defendant non obstante veredicto in case of Rosa Kniss v. Borough of Duquesne. Trespass to recover damages for death of plaintiff’s husband. The facts appear by the opinion of the Supreme Court, Verdict for plaintiff for $5,096, which the court subse-. quently set aside and entered judgment for defendant ñ. o. v. Plaintiff appealed. Error assigned was. in entering judgment for the defendant n. o. y.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On March 6, 1914, the plaintiffs husband lost his life by the overturn of a wagon which he was driving along what was claimed to be a public street in the Borough of Du.quesne, Allegheny County, this State; plaintiff brought the present action, averring that the borough had negligently failed to maintain its roadway in a condition safe for travel, and recovered a verdict; the court below entered judgment n. o. v. in favor of the defendant, upon the ground that the evidence was insufficient to show a dedication and acceptance of the alleged highway; the…
2Cases cited8 opinions
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
- Ackerman v. City of WilliamsportSupreme Court of Pennsylvania · 1910
- Steel v. Burgess & Town Council of HuntingdonSupreme Court of Pennsylvania · 1899
- Commonwealth v. ColeSupreme Court of Pennsylvania · 1856
- Grant v. Dickson City BoroughSupreme Court of Pennsylvania · 1912
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3Cited by22 opinions
- Jinks v. CurrieSupreme Court of Pennsylvania · 1936
- Milford Borough v. BurnettSupreme Court of Pennsylvania · 1927
- Vallone v. City of Cranston Department of Public WorksSupreme Court of Rhode Island · 1964
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Easton v. KochSuperior Court of Pennsylvania · 1943
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