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Torts Keyed to Epstein
Berry v. Sugar Notch Borough
Citation:43 A. 240 (Pa. 1899)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The plaintiff was a motorman employed by the Wilkes-Barre and Wyoming Valley Traction Company on its rail line running from Wilkes-Barre to the borough of Sugar Notch. Sugar Notch had an ordinance restricting the speed of cars for the rail company to eight miles per hour while laying tracks. Within the borough limits, there was a large chestnut tree. The plaintiff was driving his car in the borough in a violent wind storm, and the tree was blown down, crushing the car and injuring the plaintiff. The plaintiff was driving his car considerably above the speed limit imposed by the borough ordinance. The parties disagree about the state of the tree before it fell.
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