Childs v. County of Crawford
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1896, by defendant, from judgment of C. P. Warren Co., June T., 1895, No. 29, on verdict for plaintiff. Trespass to recover damages for injury by the breaking down of a bridge.
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Appeal, No. 138, Jan. T., 1896, by defendant, from judgment of C. P. Warren Co., June T., 1895, No. 29, on verdict for plaintiff. Trespass to recover damages for injury by the breaking down of a bridge. Before Noyes, P. J. Verdict for plaintiff for 12,600. The facts sufficiently appear from the charge of the court, which was in part as follows: About the 4th of August, 1894, the plaintiff, Mr. L. J. Childs, was either passing upon or passing over a bridge over Oil creek, near Hydetown, in the county of Crawford, with a team of horses and a load of hemlock bark, when the bridge collapsed; he…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case was tried with care by the learned judge who presided at the trial. The charge was thoroughly impartial, and presented the questions that were submitted to the jury very clearly; but we are of opinion that the criticism made upon it by the eighth assignment of error is well founded. It held the county commissioners to a measure of accountability so strict as practically to make the county an insurer against accident happening to persons using the county bridges. The injury sued for was sustained by the falling of the roadway of the bridge into the…
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