Berry v. Borough of Sugar Notch
Supreme Court of Pennsylvania
Appeal, No. 31, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 671, on verdict for plaintiff. Trespass for personal injuries. Before Woodward, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 31, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 671, on verdict for plaintiff. Trespass for personal injuries. Before Woodward, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto were as follows: 5. The cause of the accident alleged in the declaration being that the defendant negligently permitted a large tree to stand within the lines of the Main street, although it had become decayed and rotten and dangerous to public travel, and the proof upon the trial being that the said tree was sound…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff was a motorman in the employ of the "Wilkes-Barre and Wyoming Valley Traction Company on its line running from Wilkes-Barre to the borough of Sugar Notch. The ordinance by virtue of which the company was permitted to lay its track and operate its cars in the borough of Sugar Notch con-*348tamed a provision that the speed of the cars while on the streets of the borough should not exceed eight miles an hour. On the line of the road, and within the borough limits, there was a large chestnut tree, as to the condition of which there was some dispute at the…
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