Boone v. Township of East Norwegian
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1898, by defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1897, No. 58, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband. Before Savtdge, P. J., of the 8th judicial district, specially presiding. At the trial it appeared that on May 4,1896, Ransloe Boone, the deceased, and his wife were driving a single horse hitched to a phaeton from Pottsville to St. Clair.
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Appeal, No. 401, Jan. T., 1898, by defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1897, No. 58, on verdict for plaintiff. Trespass to recover damages for death of plaintiff’s husband. Before Savtdge, P. J., of the 8th judicial district, specially presiding. At the trial it appeared that on May 4,1896, Ransloe Boone, the deceased, and his wife were driving a single horse hitched to a phaeton from Pottsville to St. Clair. At a point on the road where there was a steep unguarded embankment, the horse kicked his leg over the trace, took fright, became unmanageable and plunged down the…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The learned trial judge submitted carefully and with entire correctness two questions of fact to the jury. The first of them was, whether the township had been guilty of negligence in leaving the declivity on the side of the road where the accident occurred without a guard rail, and the second was, whether that negligence was the proximate cause of the accident. On the first question there was an abundance of testimony to the effect that there was necessity for a guard rail at the place in question, and the jury by their verdict for the plaintiff has established…
2Cases cited3 opinions
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- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Bitting v. Township of MaxatawnySupreme Court of Pennsylvania · 1896
3Cited by8 opinions
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- Wilson v. O'Hara TownshipSuperior Court of Pennsylvania · 1900
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- Russell v. Westmoreland CountySuperior Court of Pennsylvania · 1904
- Curry v. Luzerne BoroughSuperior Court of Pennsylvania · 1904
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