Millcreek Township v. Perry
Supreme Court of Pennsylvania
Error to Common Pleas of Erie County to review a judgment for plaintiff in an action in case for negligence. William P. Perry, plaintiff, walking from work at a rolling mill, in company with his son, about 1 o’clock a. m., October 9, 1883, went upon Lake road, an extension of Eighth street, city •of Erie, in Millcreek township, and sustained injuries by falling into an unguarded excavation 5 or 5% feet deep.
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Error to Common Pleas of Erie County to review a judgment for plaintiff in an action in case for negligence. William P. Perry, plaintiff, walking from work at a rolling mill, in company with his son, about 1 o’clock a. m., October 9, 1883, went upon Lake road, an extension of Eighth street, city •of Erie, in Millcreek township, and sustained injuries by falling into an unguarded excavation 5 or 5% feet deep. The evidence was conflicting as to whether the night was dark or clear; but the plaintiff, having just been working with molten iron, was not able to see as clearly as he otherwise might…
1Opinion of the Court
Opinion by
Sterrett, J.:
In this, as in every case of the kind, the burden of proof was -on the plaintiff below. It was incumbent on him to satisfy the jury by competent evidence that the township authorities care*478lessty and negligently permitted the public highway to be and remain in a condition that was unsafe and dangerous for public travel, especially in the nighttime.
No question is raised in regard to the admission or rejection of testimony; and hence all the evidence received and submitted to the jury must be regarded as both competent and relevant. It is unnecessary to refer to it…
2Cited by12 opinions
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- NCNB Texas Nat. Bank, NA v. WestSupreme Court of Alabama · 1993
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