Conrad v. Upper Augusta Township

Citations

• 200 Pa. 337
• 49 A. 770
• 1901 Pa. LEXIS 495

Syllabus

<p>Negligence—Townships— Unguarded embankment—Contributory negligence.</p> <p>In an action against a township to recover damages for personal injuries sustained as the result of a wagon going over an unguarded embankment on an ordinary country road, the plaintiff is guilty of contributory negligence, and not entitled to recover, where the evidence shows that he was perfectly familiar with the road, that one of his horses was blind; that at the time of the accident it was very dark, that a lantern attached to the front of the wagon had gone out, that plaintiff instead of stopping at once and re-lighting it allowed the team to continue for some distance and approached the dangerous embankment, the location of which was well known to him.</p>