Haines v. Barclay Township

Citations

• 181 Pa. 521
• 37 A. 560
• 1897 Pa. LEXIS 575

Syllabus

<p>Negligence — Townships—Obstruction of highway — Act of June 13, 1836.</p> <p>The duty to keep a highway clear of impediments to travel thereon, as provided by the Act of June 13,1836, section 6, P. L. 556, does not include the power to enter upon the land of an abutting owner and to destroy, remove, or prevent the use of structures he has erected there for the prosecution of a legitimate business.</p> <p>In an action against a township to recover damages for personal injuries, it appeared that while the plaintiff was driving along a public road at or near a point where there was a log slide located and terminating on land outside of the highway, he noticed that several logs were coming down the chute, and being apprehensive of injury from them he leaped in the direction he was driving, from his buggy to the ground, and was thereby injured. The evidence showed that if he had remained in the buggy he would not have been injured. There was good cause for the apprehension which impelled plaintiff to leap to the ground, as on other occasions logs had passed from the chute across the highway, and some had fallen in it. Held, that the township was not liable for the injury.</p>