Rapho v. Moore
Supreme Court of Pennsylvania
May 2d 1871. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Lancaster county: No. 56, to May Term 1869. This was an action on the case for negligence, brought January 10th 1887, by Michael H. Moore, against the township of Rapho and the township of West Hempfield.
Read the full summary
May 2d 1871. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Lancaster county: No. 56, to May Term 1869. This was an action on the case for negligence, brought January 10th 1887, by Michael H. Moore, against the township of Rapho and the township of West Hempfield. The declaration was that while the plaintiff’s “ teamster was hauling grain in a four-horse wagon on a public highway over a certain public bridge spanning the Big Chicquesalunga creek, and thereby connecting together the two townships of Rapho and West Hempfield, the said…
1Opinion of the Court
The opinion of the court was delivered,
by Agnbw, J.
But two questions need to be noticed in this case — • the duty of repair and the liability of the townships for latent defects. Without a duty of repair no liability rests on the municipality. As a general proposition, but by no means universal, bridges are treated as portions of the -highways which cross them, and are to be maintained by the same persons to whom the duty of repairing the highways is committed: Shear. & Red. on Negligence, § 248. In this state the duty is statutory, and therefore we must look to the statute for its nature and…
2Cases cited1 opinion
- Dean v. New Milford TownshipSupreme Court of Pennsylvania · 1843
3Cited by33 opinions
- Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Bucher v. Northumberland CountySupreme Court of Pennsylvania · 1904
- Clark v. Allegheny CountySupreme Court of Pennsylvania · 1918
28 more not listed; retrieve them via the Exa API.