Dannals v. Sylvania Township

Citations

• 255 Pa. 156
• 99 A. 475
• 4 A.L.R. 409
• 1916 Pa. LEXIS 541

Syllabus

<p>Negligence — Municipalities—Highways—Defects—Death — Circumstantial proof — Contributory negligence — Proximate cause— Case for jury.</p> <p>1. In actions to recover damages for accidents resulting in death, there must be affirmative proof of negligence before recovery can be had, but it is not always essential that there should be an eye witness of the occurrence. The proof may be furnished by the circumstances themselves; the test is whether they are such as to satisfy reasonable and well balanced minds that the accident resulted from the negligence of the defendant.</p> <p>2. In an action to recover damages for the death of plaintiff’s husband, it appeared that while deceased was walking on a public road at night he fell down an embankment and received injuries which caused his death. There was evidence of a dangerous gulley in the road, extending from the outer wheel track under the guard rail of the embankment, and it appeared that just before the accident, deceased was seen leading a blind horse along the road toward the place where the gulley was, and that shortly thereafter he was found at the foot of the embankment. There was evidence that the gulley was of such size and character that the accident might have been caused by deceased falling into it and rolling down the embankment. Defendant offered evidence that deceased was intoxicated, which, however, was disputed. Held, that the question of defendant’s negligence, the contributory negligence of deceased, and the proximate cause of the accident were for the jury.</p> <p>Trials — Improper remarles of counsel — Refusal to withdraw juror —Abuse of discretion.</p> <p>3. Witnesses are entitled to the protection of the court. Where a witness has been grossly abused and insulted by counsel, it is not enough for the trial judge to characterize the remarks as highly improper and to instruct the jury to disregard them; the only effective method of correcting the mischief is to withdraw a juror and continue the e