Allen v. Township of Warwick

Citations

• 9 Pa. Super. 507
• 1899 Pa. Super. LEXIS 65

Syllabus

<p>Negligence — Contributory negligence — Burden of proof.</p> <p>The plaintiff is not required to disprove contributory negligence but only to make out a case clear of it; unless, therefore, his negligence appears affirmatively, he is entitled to go to the jury on the general presumption against it.</p> <p>Province of court and jury — Declaration of contributory negligence.</p> <p>Where the facts are uncontested or the inference of negligence is the only one that can be drawn, the court must pronounce the result as a matter of law, but where the facts are in dispute or the inference from them open to debate, the question is for the jury.</p> <p>Contributory negligence — Question for jury.</p> <p>As an abstract proposition the court could not charge that when a husband knew of a defective way and failed to warn his wife of the danger he was negligent. It could only be determined from the circumstances whether he had omitted ordinary and reasonable care and whether under attending circumstances the highway was used with ordinary care and caution.</p>