Curry v. Luzerne Borough

Citations

• 24 Pa. Super. 514
• 1904 Pa. Super. LEXIS 225

Syllabus

<p>Negligence — Boroughs—Roads—Absence of guard rail — Allegata and probata.</p> <p>Where a statement in trespass against a borough for personal injuries avers that the accident was due to the absence of a guard rail at a narrow and crooked point in a road, where there was a steep embankment over which plaintiff’s horse fell, the court cannot be convicted of error in permitting the plaintiff to show that at the point in question his horse became frightened by steam escaping from a boiler, standing near the highway, although this was not set out in the statement.</p> <p>It is not necessary for borough authorities or supervisors to examine the highways and determine what is likely to frighten horses, as well as where they are likely to be frightened. But it is necessary for such officers to provide. at all points a reasonably safe highway even when a horse is frightened.</p> <p>If injuries are the result of a narrow, crooked embankment along a road which should have been guarded by a rail, and no guard rail is provided along its top, then the want of it is the proximate cause of the injuries.</p>