Collins v. Commonwealth
Supreme Court of Pennsylvania
Appeal, No. 165, Oct. T., 1918, by defendant, from judgment of O. P. Somerset Co., Sept. T., 1917, NO'. 252, on verdict for plaintiff in case of Ida Oollins v. Commonwealth. Trespass to recover damages for death of plaintiff’s husband. Before Bailey, P. J. The case turned upon the constitutionality of the Act of May 10, 1917, P. L. 159. Verdict and judgment for plaintiff for $3,500. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
In accordance with the Act of May 31,1911, P. L. 468, the Commonwealth took over and thereafter was in exclusive control of certain of its highways, one of them being the road upon which the accident happened as hereinafter stated. That road was not kept in proper repair, and as a result thereof plaintiff’s husband was killed by being thrown from a wagon he was driving, when its wheels sank into a ditch in the road. The jury found, and their findings are not challenged on this appeal, that the defect had existed for so long a time that the Commonwealth should…
2Cases cited6 opinions
- Gibbons v. United StatesSupreme Court of the United States · 1869
- Erdman v. MitchellSupreme Court of Pennsylvania · 1903
- Perkins v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Bucher v. Northumberland CountySupreme Court of Pennsylvania · 1904
- Clark v. Allegheny CountySupreme Court of Pennsylvania · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Mayle v. Pennsylvania Department of HighwaysSupreme Court of Pennsylvania · 1978
- Biello v. Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 1973
- State v. IsbellTexas Supreme Court · 1936
- Rader v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1962
- Brungard v. HARTMANCommonwealth Court of Pennsylvania · 1979
52 more not listed; retrieve them via the Exa API.