Dixon v. Snyder

Citations

• 49 Pa. Super. 148
• 1912 Pa. Super. LEXIS 299

Syllabus

<p>Negligence — Townships—Steam rollers — Repair of roads.</p> <p>1. The Act of June 30,1885, P. L. 251, entitled, “An act to regulate the movement of machinery propelled by steam upon the public roads and highways of this commonwealth,” applies to township authorities using a steam roller in the ordinary construction and repair of the public roads.</p> <p>2. A steam roller constantly traveling up and down a given section of a highway in the work of repairing it, is in every way within the sense and spirit of the statute as fully as if it were on a journey from one end of the township to the other; and the township’s officers and servants in control of the machine are bound to the performance of those duties in such cases prescribed by the statute.</p> <p>Practice, C. P. — Trial—Oversight of judge as to answering a point— Duty of counsel.</p> <p>3. Where a judge writes answers to several points submitted to him, but inadvertently fails to read one of the points and its answer to the jury, it is the duty of counsel to call the judge’s attention to the oversight, and if this is not done, the judgment will not be reversed because of the failure of the judge to read the point and answer.</p>