Grace v. Standing Stone Township

Citations

• 51 Pa. Super. 399
• 1912 Pa. Super. LEXIS 233

Syllabus

<p>Negligence — Townships—Roads—Defective culvert.</p> <p>1. In an action against a township to recover damages for injuries to a horse alleged to have been caused by a defective stone in a culvert, the case is for the jury where the testimony shows that the stone in question was “shelly,” “seamy” and “rotten”; that it was about an inch and one-half or three-fourths in thickness; and that it was subject to deterioration by the action of water and frost, and unfit for the use to which it had been applied.</p> <p>2. A township in Bradford county is liable for an injury caused by the negligence of a pathmaster appointed by the commissioner of roads and highways under the Act of April 13, 1843, secs. 15-27, P. L. 214, as extended to Bradford county by the Act of April 5,1844, P. L. 200.</p> <p>2. In an action against a township to recover damages for injuries to a horse caused by an alleged defect in a culvert, where a witness for the township who had assisted in constructing the culvert testifies as to the good quality of the material used, and that his attention had not been called to a stone which was alleged to have been unfit for use, it is competent for the plaintiff to contradict the witness for the purpose of affecting his credibility.</p>