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Essay / Research Paper Abstract
7 pages in length. The writer discusses Rush v. Maple Heights, Hess v. Pawloski and Mitchell v. Rochester Railway Co. Bibliography lists 5 sources.
Page Count:
7 pages (~225 words per page)
File: LM1_TLCBerch.rtf
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traveling down a street maintained by the city of Maple Heights when she suffered injuries resulting from being thrown from the motorcycle upon which she and her husband were riding.
Because the road was riddled with holes, bumps and dips due to the defendants negligence to maintain the roads good repair, the plaintiffs believed they were due a monetary
settlement for the injuries sustained in the accident. 2. Plaintiff in error drove his motor vehicle so carelessly as to cause an accident with defendant in error. 3. A team
of public transportation horses driven by defendant were brought to a halt too close to plaintiffs person as she waited to board another form of public transportation, causing her severe
fright, miscarriage and subsequent illness. III. PROCEDURE 1. The Municipal Court of Cleveland did not grant the defendants motion for a new trial, at which point the defendant filed
a notice of appeal to the Court of Appeals. The Municipal Court found in favor of the plaintiff nearly eight months later, supplementing its decision with a special mandate
as a means by which to ensure the judgment was acted upon. 2. The court denied plaintiff in errors attempt to contest jurisdiction and dismiss on the grounds that his
Fourteenth Amendment rights were being violated. The statute was deemed valid with regard to police power, a challenge plaintiff in error made once again at trial. All exceptions
were overruled, and the jury found for the defendant in error. 3. The Court ruled that while the result of the womans fright may have been due to her proximity
to the horses, the very issue of being frightened does not constitute defendant responsible. IV. ISSUES 1. According to the Court, issues in this particular case were quite apparent
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