Legal Opinion

Pennsylvania & Ohio Canal Co. v. Graham

Supreme Court of Pennsylvania

Decided January 3, 1870PublishedCited by 18 opinions

Error to the Court of Common Pleas of Lawrence county: No. 7, to October and November Term 1869. This was an action on the case, brought September 25th 1866, by William Graham against the Pennsylvania and Ohio Canal Company.

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Error to the Court of Common Pleas of Lawrence county: No. 7, to October and November Term 1869. This was an action on the case, brought September 25th 1866, by William Graham against the Pennsylvania and Ohio Canal Company. The declaration averred the existence of a highway in New Castle, Lawrence county, which was intersected by the defendants’ canal under the laws of the Commonwealth, and that there was a bridge over the canal where it intersected the highway which the defendants were bound by law to keep in repair: that the bridge was out of repair, and the defendants had neglected to…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1870, by

Sharswood, J. —

The first twelve assignments of error all depend upon one question, whether the defendants below were responsible in damages to the plaintiff for the injury which he sustained in consequence of the admitted insufficiency of the bridge over their canal, without some evidence of actual or wilful negligence on their part.

It has been argued that the defendants are not liable to the plaintiff at all, because they owed him no duty. Their charter, by the terms of which they were “to build and keep in good repair suitable and…

2Cases cited3 opinions

  1. Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
  2. Bartlett v. CrozierNew York Supreme Court · 1818
  3. Hughes v. HeiserSupreme Court of Pennsylvania · 1808

3Cited by18 opinions

  1. Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
  2. Linn v. Duquesne BoroughSupreme Court of Pennsylvania · 1903
  3. ZELINSKY Et Ux. v. ChimicsSuperior Court of Pennsylvania · 1961
  4. John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945
  5. Leonard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1917

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