Legal Opinion

Township of Kingston v. Gibbons

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 1 opinion

Error to the Common Pleas of Luzerne County to review a judgment on a verdict for plaintiff in an action of trespass on the case to recover damages for personal injuries. Plaintiff was injured, while walking on defendant’s highway, by the giving away or turning over of a defective plank on a bridge over a culvert, and brought this action to recover damages for such injuries.

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Error to the Common Pleas of Luzerne County to review a judgment on a verdict for plaintiff in an action of trespass on the case to recover damages for personal injuries. Plaintiff was injured, while walking on defendant’s highway, by the giving away or turning over of a defective plank on a bridge over a culvert, and brought this action to recover damages for such injuries. At the trial in the court below Woodward, A. L. J., charged the jury, inter alia, as follows: “There are several cases to which our attention has been called, in the argument of this case by the learned counsel, where it…

1Opinion of the Court

Opinion by

Mr. Justice Trunkey:

Eor about three months before the accident the planks on the culvert were loose, and one was warped and twisted so as to be easily displaced by a passing wagon, or turned over by a person or horse stepping on the side of it The plaintiff resided near the culvert, and had frequently noticed its defective and dangerous condition. Travelers were sometimes compelled to stop and *406put the planks in place before they could drive over. When the planks were placed, the culvert often appeared safe, but they were liable to be thrown out at any time by use of the highway. The…

2Cases cited4 opinions

  1. City of Erie v. MagillSupreme Court of Pennsylvania · 1882
  2. Crafts v. City of BostonMassachusetts Supreme Judicial Court · 1872
  3. Mallory v. GriffeySupreme Court of Pennsylvania · 1877
  4. Smith & Co. v. Myler & AberSupreme Court of Pennsylvania · 1853

3Cited by1 opinion

  1. Greco v. MillanoLouisiana Court of Appeal · 1916

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