Borough of Susquehanna Depot v. Simmons
Supreme Court of Pennsylvania
' Error to the Court of Common Pleas of Susquehanna County: Of January Term, 1886, No. 46. This was an action on the case brought by O. H. Simmons and Sarah Ann Simmons, his wife, in right of said wife, against the Borough of Susquehanna Depot, to recover damages for injuries sustained by the wife from falling into a ditch which, she alleged, the defendant had permitted to be dug in the streets of said borough, and had negligently left without guards, notices or warnings.
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' Error to the Court of Common Pleas of Susquehanna County: Of January Term, 1886, No. 46. This was an action on the case brought by O. H. Simmons and Sarah Ann Simmons, his wife, in right of said wife, against the Borough of Susquehanna Depot, to recover damages for injuries sustained by the wife from falling into a ditch which, she alleged, the defendant had permitted to be dug in the streets of said borough, and had negligently left without guards, notices or warnings. Plea, not guilty. O. H. Simmons also brought a similar action against the defendant to recover damages for expense…
1Opinion of the CourtJustice Gordon
The question before us is, who is responsible for the injury which befell Sarah Ann Simmons, in consequence of her fall into the ditch dug in Willow street of the borough of Susquehanna Depot, by Jonas Florence? In the case of Smith v. Simmons, 7 Out., 33, we held that the only person responsible for this-accident was this Jonas Florence who made the aforesaid excavation. The license authorizing it was for a purpose proper and lawful, hence the blame must attach to the person who misused or abused that license, and not to the borough. In the case cited it was determined that an action for the…
2Cited by9 opinions
- Kelley v. Mayberry TownshipSupreme Court of Pennsylvania · 1893
- Wood v. McGrathSupreme Court of Pennsylvania · 1892
- Walters v. American Bridge Co.Supreme Court of Pennsylvania · 1912
- Hookey v. Borough of OakdaleSuperior Court of Pennsylvania · 1897
- Thompson v. City of West Bay CityMichigan Supreme Court · 1904
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