Brader v. Township of Lehman

Citations

• 34 Pa. Super. 125
• 1907 Pa. Super. LEXIS 92

Syllabus

<p>Negligence — Township—Defective road — Mountain road.</p> <p>A township is not an insurer against all defects in its highways, but is answerable for negligence in the performance of its duties in the construction and care of them. For a defect arising in them without its fault or negligence, it is not liable, unless it has express notice, or the defect is so notorious as to be evident to all observers. The authorities are bound to keep a reasonable supervision over the condition of the roads, but they are not liable for negligence unless they have actual notice or knowledge of the defect complained of, or it was so plain to observation and existed so long a time that officers exercising a reasonable supervision ought to have observed it.</p> <p>The authorities of the mountain townships of Pennsylvania are not, under the law, required to constantly keep the infrequently used lateral roads in such a condition that no one riding in a vehicle, suitable only for a race track, or a city speedway, can possibly meet with an accident.</p> <p>The presence of a large flat stone lying “right level, just like going over a floor,” and firmly fixed in the bed of a mountain road, is not a fact from which, standing alone, a jury should be permitted .to infer negligence upon the part of township authorities; and this is especially so where it appears that the stone had been in the road for years, and that no person had ever thought it a source of danger.</p>