Bush v. Johnston
| Decision Date | 01 May 1854 |
| Citation | 23 Pa. 209 |
| Parties | Bush versus Johnston. |
| Court | Pennsylvania Supreme Court |
Guernsey and Maynard, for plaintiff in error.—It was alleged that the hatchway was not in the public highway or sidewalk, but within the enclosure of the defendant occupied by him exclusively for his private purposes; and that the Court withdrew such fact from the consideration of the jury by assuming that the hatchway was located in the street. That there was error in this was cited 1 W. & Ser. 68; 6 Id. 137; 11 Ser. & R. 427. It was error not to instruct the jury on points proposed: 5 Ser. & R. 427.
It was said that the plaintiff below knew of the location of the hatchway: cited 6 Barr 472.
Sherwood and Williston, for defendant in error.—It was said that Bush's property was bounded on the west by the Williamson road. The plaintiff below passed by on the first day when the hole was being dug, but there was no evidence of his being there afterwards till the accident happened. The repairs were not made with expedition. No argument on legal questions was submitted on the paper-book, but the following authorities were simply cited, viz.: 2 Greenleaf's Ev. 623; 4 Barr 305; 1 Harris 625-6; 1 Barr 319; 4 Harris 463; 9 Barr 193; 2 Id. 114; 4 Id. 486; 16 Ser. & R. 395; 2 Watts 23.
The opinion of the Court was delivered by
We have considered this case, and are of opinion that it was properly decided in the Common Pleas for the reasons which are embodied in the charge of the President Judge.
Judgment affirmed.
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Salt Lake City v. Schubach
... ... When he ... does so he is guilty of a nuisance and liable to any person, ... who using due care, is injured thereby. Bush v ... Johnston , 23 Pa. 209; Rowell v ... Williams , 29 Iowa 210; ... [159 P.2d 153] ... Boston v. Coon , 175 Mass. 283, 56 N.E. 287; ... ...
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Shaw v. St. Louis-San Francisco Ry. Co.
...Holmes v. Drew, 25 N.E. 22; Black v. Central R. R. Co., 51 L.R.A. (N.S.) 1215; Beck v. Carter, 68 N.Y. 283, 23 Am. Rep. 175; Bush v. Johnston, 23 Pa. 209. right of the public to use a street may be deemed abandoned by non-user for a considerable length of time. Derby v. Alling, 40 Conn. 410......
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Shaw v. St. L.-S.F. Ry. Co.
...Holmes v. Drew, 25 N.E. 22; Black v. Central R.R. Co., 51 L.R.A. (N.S.) 1215; Beck v. Carter, 68 N.Y. 283, 23 Am. Rep. 175; Bush v. Johnston, 23 Pa. 209. The right of the public to use a street may be deemed abandoned by non-user for a considerable length of time. Derby v. Alling, 40 Conn. ......
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Commonwealth v. Barker
... ... Spencer Miller (with him Mr. Henry M. Brownback), for the ... appellant ... Counsel ... cited: Dillon on Mun. Corp., § 1032; Bush v ... Johnston, 23 Pa. 209; Beatty v. Gilmore, 16 Pa ... 463; Robbins v. Jones, 15 C.B., N.S., 220; ... Dewart v. Purdy, 29 Pa. 113; White v ... ...