Dutton v. Borough of Lansdowne
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1898, by Lansdowne borough, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 230, on verdict for plaintiff. Opinion by Smith, J. Trespass.
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Appeal, No. 95, Oct. T., 1898, by Lansdowne borough, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 230, on verdict for plaintiff. Opinion by Smith, J. Trespass. Before Clayton, P. J. It appears from tbe record that this was an action of trespass brought against the borough of Lansdowne and George W. Statzell, a property owner, for damages for personal injuries to Phenettie Alice Dutton alleged to have been caused by neglect in the maintenance of the board walk along the highway of said borough in front of said Statzell’s property. It appears from the evidence that the highway…
1Opinion of the Court
Opinion by
Smith, J.,
The leading objection of the appellant is to the joinder of the abutting landowner and the borough as defendants in the action. It is very ably argued that they are not joint wrongdoers ; that in law their relation to the duty arising in the premises is dissimilar and unequal — that of the landowner being primary and absolute, while that of the borough is secondary and supplemental. It is contended, therefore, that the breach of duty is materially different, that of the landowner being a failure to maintain the sidewalk in safe condition, while that of the borough is the…
2Cases cited11 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
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