Cobb v. Bradford Township

Citations

• 232 Pa. 198
• 81 A. 199
• 1911 Pa. LEXIS 703

Syllabus

<p>Negligence — Townships—Evidence—Roads, streets and highways— Duty to maintain guard rails — Condition two years after accident.</p> <p>1. The law does not impose on. township supervisors the duty of maintaining a guard rail at every point where a gully starts at the roadside, or where some natural depression, or small declivity on adjacent land, may happen to be. It is only when these gullies, or declivities, become dangerous on account of their proximity to thé highway that the duty of maintaining guard rails arises.</p> <p>2. In an action to recover damages for nersonal injuries where the negligence alleged is that the defendant township failed to erect and maintain a guard rail at an alleged dangerous place in a highway it is necessary that evidence should be introduced to show the exact condition on the ground in order that it may be determined whether the situation was so dangerous as to make it the duty of the township to maintain a guard rail as a protection to the traveling public.</p> <p>3. In such a case evidence tending to show the condition at the point alleged to be dangerous some two years after the accident is inadmissible as too remote.</p> <p>Practice, C. P. — Trial—Points for charge.</p> <p>4. When points are submitted asking for definite instructions they should be framed so as to make the law applicable to the particular facts of the case being tried.</p>