Corbalis v. Township of Newberry

Citations

• 132 Pa. 9
• 19 A. 44
• 1890 Pa. LEXIS 759

Syllabus

<p>1. In the consideration of a motion for a compulsory nonsuit, the plaintiff is entitled to every reasonable inference of fact that the jury might draw from the evidence, and every relevant fact which the testimony tends to establish is to be treated as admitted by the defendant; when, tested by that rule, the plaintiff’s testimony tends to make out a prima facie case, it is error to enter such judgment: Maynes v. Atwater, 88 Pa. 490.</p> <p>2. The absence of a railing, or other guard, on the top of an abutment twelve feet high and extending four feet beyond the side of a bridge upon a township highway, the approach being so constructed that a foot traveler at night might unsuspectingly walk off the projection in attempting 1o go upon the bridge, is evidence of negligence on the part of the township.</p> <p>3. Where the testimony, in an action against the township, tends to show the existence of such a pitfall, and that plaintiff, on a dark night and while endeavoring to follow the approach and enter the bridge, suddenly, for want of the protecting guard, without negligence, fell over the projection and was injured, an order to enter a compulsory nonsuit is error: Monongaliela City v. Fischer, 111 Pa. 9, distinguished.</p>