Legal Opinion

Bechtel v. Mahanoy City Borough

Superior Court of Pennsylvania

Decided January 13, 1906No. Appeal, No. 151PublishedCited by 2 opinions

Appeal, No. 151, Oct. T., 1905, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1903, No. 264, on verdict for plaintiff in case of H. T. Bechtel v. The Borough of Mahanoy City. Trespass to recover damages for the death of a horse. Before Shay, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $200. Defendant appealed.

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Appeal, No. 151, Oct. T., 1905, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1903, No. 264, on verdict for plaintiff in case of H. T. Bechtel v. The Borough of Mahanoy City. Trespass to recover damages for the death of a horse. Before Shay, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $200. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Morrison, J.,

This is an appeal from a judgment in trespass founded on negligence of the defendant.

In the month of June, 1903, the Columbus Carnival Company, without objection on the part of the borough authorities, *137set up on Main and Centre streets in the defendant borough, a Ferris wheel, flying horses and numerous tents and booths for show purposes. These streets are each eighty feet in width and run at right angles to each other. A passageway for teams and vehicles, ten or twelve feet wide, was left open and the residue of the streets at this point was occupied by the tents,…

2Cases cited9 opinions

  1. Winner v. Oakland TownshipSupreme Court of Pennsylvania · 1893
  2. Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
  3. City of Erie v. MagillSupreme Court of Pennsylvania · 1882
  4. Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
  5. Forks Township v. KingSupreme Court of Pennsylvania · 1876

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3Cited by2 opinions

  1. Ingram v. PhiladelphiaSuperior Court of Pennsylvania · 1908
  2. Scheffel v. Williamsport Passenger Railway Co.Superior Court of Pennsylvania · 1917

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