Munley v. Sugar Notch Borough

Citations

• 215 Pa. 228
• 64 A. 377
• 1906 Pa. LEXIS 769

Syllabus

<p>Negligence — Boroughs—Obstruction in street — Constructive notice.</p> <p>Where a borough permits mortar boxes to remain for three or four weeks in a much traveled street, it is liable to a person who sustains personal injuries from such obstruction.</p> <p>Practice, C. P. — Laches—Non-pros—Waiver.</p> <p>Where the plaintiff in an accident case against a borough delays for over eight years in prosecuting his case for trial after the issuing of the summons, the borough is entitled to have the case non-prossed, but if the borough, through its general counsel, entered a plea of not guilty, such plea is a waiver of the right to a non-pros. In such a case the power of the attorney to enter the plea cannot be disputed where it is shown that he had been regularly retained as the attorney for the borough about five years, and that his official relations with it had not expired until some days after he had entered the plea.</p>