Berry v. Sugar Notch Borough case brief

Berry v. Sugar Notch Borough case brief summary
43 A. 240 (Pa. 1899)

CASE SYNOPSIS

Appellant borough sought review of the judgment of the Common Pleas Court of Luzerne County (Pennsylvania), which found in favor of appellee motorman in his action for injuries sustained when a tree on the line of the road and within the borough limits blew down on the car he was operating.

CASE FACTS
The motorman was operating a car on a street of the borough when a tree that was on the line of the road and within the borough limits was blown down on top of the car and injured him. The trial court entered judgment for the motorman.


DISCUSSION

• On appeal, the court affirmed, finding that the fact that the motorman was operating at a speed greater than that permitted by an ordinance which allowed his employer to operate its cars on the borough's streets did not affect his right to recover. 
• The court found that the speed at which the motorman was traveling did not contribute to the cause of the accident. 
• The court found that although the motorman may have been in violation of the speed provisions of the ordinance, his right to be on the street was not affected.

CONCLUSION

The court affirmed.

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