Closser v. Township of Washington

Citations

• 11 Pa. Super. 112
• 1899 Pa. Super. LEXIS 115

Syllabus

<p>Proximate cause — Township road — Guard rail — Question for jury.</p> <p>The roadway was about ten feet wide and on a dark night a horse taking fright backed over an unguarded abrupt embankment and fell, breaking his master’s leg. A stream ran at the bottom of the embankment and it was alleged the horse was frightened by a splash in its water. Held, that the question was for the jury whether the narrowness of the way and the absence of guard rails was the proximate cause of the accident.</p> <p>Measure of damages — Harmless error — Covered by charge not cause for reversal.</p> <p>Where the trial judge in his charge properly lays down the proper rule as to the measure of damages as to pain and suffering resulting from an injury, the appellate court will not reverse for failure to exclude certain evidence of the plaintiff which in itself was incompetent and irrelevant when it'is apparent from the verdict that under the adequate instructions of the court the defendant, appellant, took no harm.</p> <p>Evidence — Opinion testimony as to safely of road.</p> <p>Plans and photographs being in evidence, opinion testimony, as to whether or not the road was safe, was properly excluded.</p>