Dixon v. Township of Butler

Citations

• 4 Pa. Super. 333
• 1897 Pa. Super. LEXIS 123

Syllabus

<p>Negligence — Township liability for defective roads — Degree of care.</p> <p>As a general rule township supervisors are in no wise responsible for the condition of land outside the limits of the road. They are only bound by conditions which create a danger so manifest that it is negligence not to employ the obvious means of guarding against it; and this must be done so effectually that even skittish animals may pass with safety. Where no danger may be anticipated from a cause existing beyond the limits of the roadway no duty in respect to such cause devolves upon the supervisors. They are not bound to anticipate danger to which a frightened horse may expose the driver.</p> <p>Negligence — Highways—Township liability — Proximate cause.</p> <p>If a defect in the'highway be merely coincident with a distinct and unrelated cause, for which the township is not responsible, and without which the injury would not have happened, the latter is to be regarded as the proximate and the former as the remote cause.</p> <p>Practice, O. P. — Negligence—Allegata and probata — Variance.</p> <p>It is error to leave-a question of negligence to a jury where there was nothing in the pleadings to give notice that such a question would be contended for on the part of the plaintiff, and that a failure to perform it would be set up as the negligence complained of.</p> <p>Highway — Danger—Degree of care — Province of court and jury.</p> <p>The liability of a township for its roads is based upon negligence and not danger. All grade crossings are dangerous and it is error to leave to the jury the question of negligence based upon the assumption that a particular crossing was dangerous, and that the township was by law required to provide means of wholly avoiding the danger.</p>