Brink v. Troy Borough

Citations

• 53 Pa. Super. 607
• 1913 Pa. Super. LEXIS 226

Syllabus

<p>Negligence — Boroughs—Defective road — Contributory negligence — Case for jury.</p> <p>1. Where a borough has permitted for a long period a hitching post to lean eight or ten inches over the curb of a highway at a point where a road contractor was in the habit of leaving a road roller eighteen feet from the post at night, and a driver of a wagon drives between the post and the roller, and through the fright of his horse the wheel of his wagon is caught in the post and the driver is injured, the questions of the borough’s negligence and the driver’s contributory negligence are for the jury.</p> <p>Negligence — Defective road — Alternative route.</p> <p>2. Where an alternative route has dangers and difficulties of its own, and the risks of the road taken are not so obvious as to deter the general public and ordinarily prudent and careful people from using it, the question of contributory negligence is always one for a jury.</p>