Price v. Betz

Supreme Court of Pennsylvania

Price v. Betz

49 A. 217, 199 Pa. 457, 1901 Pa. LEXIS 632

CourtSupreme Court of Pennsylvania

DecidedMay 27, 1901

DocketAppeal, No. 336

StatusPublished

This text of 49 A. 217 (Price v. Betz) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Price v. Betz, 49 A. 217, 199 Pa. 457, 1901 Pa. LEXIS 632 (Pa. 1901).

Pincite

Opinion

Opinion by

Mb,. Justice Mitchell,

The defendant had erected a temporary platform on the sidewalk in front of his property for the purpose of taking down a wall condemned by the building inspectors. In so doing he was bound to take all reasonable precautions against injuries to persons lawfully using the footwalk, but that was the measure of his duty. He was not bound to anticipate that the plaintiff would attempt a dangerous trespass by jumping on a moving train just at the edge of his platform. The evidence failed to show any negligence on the part of the defendant, and the non-suit was therefore properly ordered.

Judgment affirmed.

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Opinion by

Mb,. Justice Mitchell,

The defendant had erected a temporary platform on the sidewalk in front of his property for the purpose of taking down a wall condemned by the building inspectors. In so doing he was bound to take all reasonable precautions against injuries to persons lawfully using the footwalk, but that was the measure of his duty. He was not bound to anticipate that the plaintiff would attempt a dangerous trespass by jumping on a moving train just at the edge of his platform. The evidence failed to show any negligence on the part of the defendant, and the non-suit was therefore properly ordered.

Judgment affirmed.

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Bluebook (online)

49 A. 217, 199 Pa. 457, 1901 Pa. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-betz-pa-1901.