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· 3/18/1912

Grant v. Dickson City Borough

Citations

  • 235 Pa. 536
  • 84 A. 454
  • 1912 Pa. LEXIS 582

Syllabus

<p>Negligence■ — Boroughs—Defective bridge — Acceptance of street by borough■ — Non-suit.</p> <p>1. In an action against a borough to recover damages for personal injuries suffered by falling through a bridge built by a land company and located on a street on the company’s plan of lots, a non-suit is properly entered where there is no proof of the acceptance of the street by the borough.</p> <p>2. In such a case the mere fact that work had been done on the street by the street commissioner before the accident, is immaterial, where there is nothing to show that the commissioner was acting in his official capacity, or that this action was at the instance or with the knowledge of the borough council, or that there had been a prior authorization or subsequent ratification of it.</p>

Judges: Brown, Fell, Moschzisker, Potter, Stewart

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