Bechtel v. Mahanoy City Borough

Citations

• 30 Pa. Super. 135
• 1906 Pa. Super. LEXIS 33

Syllabus

<p>Negligence — Boroughs—Obstruction of street — Fright of horse — Contributory negligence.</p> <p>Where a borough permits an amusement company to erect a Ferris wheel, flying horses, and numerous tents in a street of the borough in such a way as to leave only a narrow way for the passage of wagons, the borough is guilty of gross negligence; but no recovery can be had against it for the death of a horse, where it appears that the horse was deliberately driven through the narrow passage amidst all the paraphernalia of the show. when another and a safer way was at hand. In such a case the contributory negligence of the owner prevents recovery.</p>