Carr v. City of Easton

Citations

• 142 Pa. 139
• 21 A. 822
• 1891 Pa. LEXIS 719

Syllabus

<p>(a) The driver of a sleigh, proceeding by a narrow passage-way out through a heavy fall of snow in a city street, turned aside to pass an approaching team, when the sleigh, striking against the bank, was upturned, and a lady, carried therein as a guest, thrown out and seriously injured:</p> <p>1. In an action against the eity for negligence, the testimony not showing that the danger of using the passage-way and so turning therefrom was patent to the plaintiff, or that she had knowledge or warning of it beforehand, it was error to hold her guilty of contributory negligence as a matter of law.</p> <p>2. As to contributory negligence, alleged in such a case, Crescent Tp. v. Anderson, 114 Pa. 643, and Dean v. Railroad Co., 129 Pa. 514, wherein the essential point was the patent character of the danger, — in the latter, the violation of a fixed rule of law to stop, etc., at railroad crossings, in addition, — are distinguishable from Carlisle Bor. v. Brisbane, 113 Pa. 544.</p>