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· 5/8/1899

Berry v. Borough of Sugar Notch

Citations

  • 191 Pa. 345
  • 43 A. 240
  • 1899 Pa. LEXIS 823

Syllabus

<p>Negligence— Boroughs—Ordinance—Street railway—Speed.</p> <p>Where a tree which a borough has permitted to remain standing, notwithstanding its dangerous condition, is blown down and strikes a passing street car, thereby injuring the motorman, the motorman’s right to recover damages from the borough is not defeated by the fact that at the time of the accident he was running his car at a higher rate of speed than that permitted by an ordinance of the borough.</p>

Judges: Dean, Fell, Mitchell, Preen, Steiiiiett

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