O'Malley v. Borough of Parsons
Supreme Court of Pennsylvania
Appeal, No. 156, Jan. T., 1898, by Parsons borough, from judgment of C. P. Luzerne Co., Oet. T., 1895, No. 491, on verdict for plaintiff. Trespass for personal injury.
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Appeal, No. 156, Jan. T., 1898, by Parsons borough, from judgment of C. P. Luzerne Co., Oet. T., 1895, No. 491, on verdict for plaintiff. Trespass for personal injury. Before Lynch, J. The facts sufficiently appear in the opinion of the Supreme Court. • •Defendants’ points and the answers thereto among others were as follows: 7. The borough of Parsons had a right to grade Main street, as it did, along the mouth of the way running along what is known as the Middle road, and if, as the result of such grading, the approach to Main street was rendered dangerous to persons using lawfully the way,…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
This action of trespass was brought by the plaintiff, a practising physician, to recover damages for injuries resulting from his being thrown from his carriage over an unguarded embankment into a highway, formerly called “Main road,” but now known as “ Main street,” in the borough of Parsons.
Main street -was originally laid out in 1818, and its width fixed by the court at fifty feet. After the incorporation of the borough defendant in 1876, Main street within its limits was accepted and since recognized as one of its streets. A large tract of land in the…
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