Legal Opinion

Millcreek Township v. Perry

Supreme Court of Pennsylvania

Decided November 7, 1887No. 7, E. DPublishedCited by 12 opinions

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

  1. McQuillan v. City of SeattleWashington Supreme Court · 1895
  2. United States Steel Corp. v. HogeSupreme Court of Pennsylvania · 1983
  3. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  4. Jordan v. City of SeattleWashington Supreme Court · 1901
  5. NCNB Texas Nat. Bank, NA v. WestSupreme Court of Alabama · 1993

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