Borough of Nanticoke v. Warne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 81. This was an action on the case by William Warne against the Borough of Nanticoke, to recover damages for the loss of service and the expenses incurred by him in consequence of the injury suffered by his wife, Elwida, from a fall, which was alleged to have been caused by the defendant’s negligence.
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Error to the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 81. This was an action on the case by William Warne against the Borough of Nanticoke, to recover damages for the loss of service and the expenses incurred by him in consequence of the injury suffered by his wife, Elwida, from a fall, which was alleged to have been caused by the defendant’s negligence. On the trial, before Rice, P. J., the following facts appeared : On the afternoon of August 30th, 1880, Mrs. Elwida Warne was walking along the board sidewalk on Market street, in the borough of Nanticoke, on her…
1Opinion of the CourtJustice Trunkey
Before the injury to the plaintiffs wife, the street commissioner had knowledge of the dangerous condition of the sidewalk in ample time to have made the needed repair. Twice lie notified the owner of the contiguous lot to repair the walk, but the repairing was not done until after the accident. The defect in the walk was known to many persons — among them the plaintiff — was plainly visible to persons travelling in and on the opposite side of the street, and could be seen by persons passing upon the walk, but the walk continued to bo used by the public as before its decay.
The testimony of…
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