Bomberger v. American Iron & Steel Manufacturing Co

Citations

• 33 Pa. Super. 299
• 1907 Pa. Super. LEXIS 285

Syllabus

<p>Negligence — Private way — Projecting pipes — Contributory negligence.</p> <p>Where a person drives a covered wagon on a narrow private way with which he is familiar through previous use, and in which at intervals are perpendicular pipes rising from the water main below, extending a few inches above the surface, and usually covered with an iron disk, and such person without descending from his wagon, and without raising the side flaps, attempts to turn the wagon, and one of his horse's feet is caught in the opening of one of the perpendicular pipes, which at the time is uncovered, and the horse is injured so that he had to be killed, no recovery can be had for the loss of the horse from the owner of the land over which the private way extends.</p>