Gates v. Pennsylvania R.
Supreme Court of Pennsylvania
Appeal, No. 335, Jan. T., 1892, from judgment of C. P. Huntingdon Co., Sept. T., 1891, No. 13, on verdict for defendant, in trespass, for personal injuries, by neglect to maintain guard-rails along embankment at end of bridge on public highway.
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Appeal, No. 335, Jan. T., 1892, from judgment of C. P. Huntingdon Co., Sept. T., 1891, No. 13, on verdict for defendant, in trespass, for personal injuries, by neglect to maintain guard-rails along embankment at end of bridge on public highway. The evidence, at the trial before Krebs, P. J., of the 46th judicial district, specially presiding, was, inter alia, to the following effect: Defendant company, in constructing their railroad in 1848, or 1849, crossed a public highway in Mill Creek village, Huntingdon county, originally opened to the width of thirty-three feet. The railroad was laid in…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The jury found a verdict for the plaintiff under instructions which are not now before us, and the court below entered judgment for the defendant non obstante veredicto on a point reserved. The learned judge held that the railroad company defendant -was bound not only to build but to maintain the bridge. This conclusion is not challenged by the present appeal, and we must accept it as correct. But the learned judge further held that as the primary duty to the public to keep the highways in safe condition rests upon the township, the plaintiff’s action should…
2Cases cited9 opinions
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- Borough of Brookville v. ArthursSupreme Court of Pennsylvania · 1890
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Batty v. Town of DuxburySupreme Court of Vermont · 1852
- Beatty v. GilmoreSupreme Court of Pennsylvania · 1851
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3Cited by26 opinions
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
- Pro v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1957
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Houston Belt & Terminal Ry. Co. v. ScheppelmanTexas Commission of Appeals · 1921
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