Smith v. Jackson Township
Superior Court of Pennsylvania
Appeal, No. 5, Feb. T., 1904, by defendant, from judgment of C. P. Tioga Co., Jan. T., 1901, No. 2, on verdict for plaintiff in case of Alexander Smith v. Jackson Township. Trespass to recover damages for personal injuries. Before Niles, P. J. The facts appear from the opinion of the Superior Court. See also 20 Pa.
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Appeal, No. 5, Feb. T., 1904, by defendant, from judgment of C. P. Tioga Co., Jan. T., 1901, No. 2, on verdict for plaintiff in case of Alexander Smith v. Jackson Township. Trespass to recover damages for personal injuries. Before Niles, P. J. The facts appear from the opinion of the Superior Court. See also 20 Pa. Superior Ct. 387. The defendant presented, inter alia, these points: 9. The court instructs you (the jury), that all of the evidence regarding the board being over the hole in the bridge-prior to the time of the alleged injury is withdrawn from your consideration, and you are…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff on his return from a creamery was crossing a bridge which forms part of a highway in the defendant township. His horse stepped though a hole in the bridge about five inches wide and between fifteen and twenty inches long, and he was thrown from his wagon and injured. The hole had been in the bridge for about three weeks before the accident, and the plaintiff had observed it as he went to and fro daily, but on the day preceding one Wheeler, without the direction or knowledge of the supervisors, had nailed a board over the hole, a repair the plaintiff had…
2Cases cited11 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Brown v. WhiteSupreme Court of Pennsylvania · 1902
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Iseminger v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1903
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
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3Cited by2 opinions
- McCollum v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1912
- Walton v. PhiladelphiaSuperior Court of Pennsylvania · 1913