Cobb v. Bradford Township
Supreme Court of Pennsylvania
Appeal, No. 320, Jan. T., 1910, b.y defendant, from judgment of C. P. McKean Co., Oct. Term, 1909, No. 121, on verdict for plaintiff in case of Annie M. Cobb v. Bradford Township. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 320, Jan. T., 1910, b.y defendant, from judgment of C. P. McKean Co., Oct. Term, 1909, No. 121, on verdict for plaintiff in case of Annie M. Cobb v. Bradford Township. Trespass to recover damages for death of plaintiff’s husband. Before Bouton, J. In the charge the trial court stated the facts as follows: It appears that on the first day of August, 1908, A. T. Cobb went from his home in Corydon township to the city of Bradford; that he returned or started from the city of Bradford to return to his home on the evening of that day, — there may be a little discrepancy in the opinion…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The negligence charged in this case is that appellant township failed to erect and maintain a guard rail at an alleged dangerous place in the highway. If appellant is liable at all, it is because it was its duty to maintain a guard rail over the gully at the south end of the tile culvert *201and was negligent because of its failure to perform that duty. In cases of this character the first step at the trial should be the introduction of evidence to show the exact conditions on the ground in order that it may be determined whether the situation is so dangerous as to…
2Cited by2 opinions
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- Loss v. Avalon BoroughSupreme Court of Pennsylvania · 1923