Dutton v. Lansdowne Borough
Supreme Court of Pennsylvania
Appeal, No. 229, Jan. T., 1899, by defendants, from judgment of Superior Court, Oct. T., 1898, No. 95, affirming judgment of C. P. Delaware Co., Dec. T., 1897, No. 230, on verdict for plaintiff in case of Thomas Dutton and Plienettie Alice Dutton, his Wife, v. The Borough of Lansdowne and George W. Statzell. Trespass for personal injuries.
Read the full summary
Appeal, No. 229, Jan. T., 1899, by defendants, from judgment of Superior Court, Oct. T., 1898, No. 95, affirming judgment of C. P. Delaware Co., Dec. T., 1897, No. 230, on verdict for plaintiff in case of Thomas Dutton and Plienettie Alice Dutton, his Wife, v. The Borough of Lansdowne and George W. Statzell. Trespass for personal injuries. Before Clayton, P. J. At the trial it appeared that on December 19, 1895, Mrs. Dutton sustained personal injuries by the breaking of a sidewalk on which she was walking. The defective sidewalk was in front of the premises of George W. Statzell in the…
1Opinion of the Court
Opinion by
Mb. Justice Potter,
The theory upon which the municipality, and the property owner, were sued jointly in this case, is radically wrong. As a result, the judgment must be reversed, for the reason, that the action was brought in a form which cannot be sustained.
The distinction between the duty of the municipality and the property owner is clearly stated in Brookville Borough v. Arthurs, 130 Pa. 501, by Justice Stebbett, in which he says, “ The borough and Mr. Arthurs were in no sense of the term joint wrongdoers. They did not co-operate in the same wrongful act in such way as to make…
2Cases cited7 opinions
- Durkin v. Kingston Coal Co.Supreme Court of Pennsylvania · 1895
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Mintzer v. GreenoughSupreme Court of Pennsylvania · 1899
- Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
- Laverty v. VanarsdaleSupreme Court of Pennsylvania · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Philadelphia v. Reading Co.Supreme Court of Pennsylvania · 1928
- Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
- Philadelphia v. Merchant & Evans Co.Supreme Court of Pennsylvania · 1929
26 more not listed; retrieve them via the Exa API.