Bitting v. Township of Maxatawny

Citations

• 177 Pa. 213
• 35 A. 715
• 1896 Pa. LEXIS 966

Syllabus

<p>Negligence — Proximate and remote cause.</p> <p>To sustain an action for damages for an injury caused by the alleged negligence of another, the injury must be the natural and probable consequence of the negligence, such a consequence as under the surrounding circumstances of the case might and ought to have been foreseen by the wrongdoer, and likely to flow from his act.</p> <p>Negligence — Township bridge — Proximate and remote cause — Frightened horse.</p> <p>The mere fact that a horse that has passed safely over and a very few feet beyond a dangerous and negligently guarded township bridge, backs on and off it without fault of the driver, does not of itself warrant the court in declaring as matter of law that the negligence of the township was the remote cause of the injury, as the negligence may have been the proximate cause.</p> <p>In view of the fact that' the ordinary horse will at times take fright, and that his movements when frightened are wholly unreasonable and unforeseeable, it is for the jury to determine what provision shall reasonably be made for the safety of travelers on a bridge. The size of the stream bridged, the elevation above the water, the width of the bridge and the surroundings where located are all to be considered in determining whether theré was negligence, and whether the consequences of a horse becoming frightened and backing off the bridge might and ought to have been foreseen.</p> <p>Highways — Duties of township — Untrained or vicious animals.</p> <p>It is the duty of a township to provide a reasonably safe highway for ordinary travel by the ordinary horse, but there is no duty on the township to provide for travel by exceptionally vicious, untrained or unmanageable animals.</p> <p>Negligence — Contributory negligence — Bridge — Proximate and remote cause — Propensity of horse to take fright — Question for jury.</p> <p>In an action against a township for the death of plaintiff’s husband it appeared that on the night of the accid