Bloomsburg Steam Co. v. Gardner

Citations

• 126 Pa. 80
• 17 A. 521
• 1889 Pa. LEXIS 838

Syllabus

<p>(a) A heat and light company, when a street main was completed, removed barriers erected to protect the public from the danger of the open trench, and while the plaintiff was driving of a dark night upon the street lately so opened, his horse fell into a transverse trench made for a service pipe and left open by the workmen, causing the plaintiff severe injuries.</p> <p>1. In such ease, all the facts involving the questions of negligence on the part of the defendant, and of contributory negligence on the part of the plaintiff, being controverted, the case was properly left to the jury under correct instruction that if the negligence of the plaintiff contributed in any degree to the injury, he could not recover.</p>