Legal Opinion

Somerset Township v. Parson

Supreme Court of Pennsylvania

Decided February 14, 1884PublishedCited by 12 opinions

Error to the Court of Common Pleas of Somerset county: Of January Term, 1884, No. 240. ' Assumpsit, by James Parson against the Township of Somerset, to recover damages for injury to a plow while plowing a road.

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Error to the Court of Common Pleas of Somerset county: Of January Term, 1884, No. 240. ' Assumpsit, by James Parson against the Township of Somerset, to recover damages for injury to a plow while plowing a road. The suit was originally brought before a justice of the peace, who gave judgment for the plaintiff for the Sum of $8.00. On appeal to the common pleas it was tried twice, each trial resulting in a verdict for the plaintiff for $8.00, which, according to the evidence, was the value of the plow. Plaintiff testified: “It was a good old plow; had it for ten years.” , The facts are…

1Opinion of the CourtChief Justice Mercur

The sum involved in this controversy is small, but the *361question of the liability of the township on the claim is important.

It appears there were four supervisors of the Township oE Somerset. For their convenience they divided the township into four districts, each supervisor taking charge of the roads in one district. The supervisors laid the road taxes, and fixed the wages to be allowed for all hands, teams with plows, wagons, &c.

Heiple, one of the supervisors, engaged the defendant in error to work on the public road with two men, and team with plow, and to be credited therefor on his road…

2Cases cited1 opinion

  1. Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839

3Cited by12 opinions

  1. Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
  2. Climax Road Machine Co. v. Allegheny TownshipSuperior Court of Pennsylvania · 1899
  3. Western Wheeled Scraper Co. v. Butler TownshipSuperior Court of Pennsylvania · 1904
  4. F. C. Austin Manufacturing Co. v. AyrSuperior Court of Pennsylvania · 1906
  5. Gallagher v. Unemployment Compensation Board of ReviewSuperior Court of Pennsylvania · 1941

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