Hodel v. Cheswick Borough

Citations

• 57 Pa. Super. 605
• 1914 Pa. Super. LEXIS 243

Syllabus

<p>Negligence — Boroughs—Defective crossing — Case for jury.</p> <p>In an action against a borough to recover damages for personal injuries suffered at a crossing of a street over a railroad, a recovery may be had against the borough where the evidence' tends to show that at the crossing there was a curve of the railroad tracks which was partly within the borough and partly within a neighboring township, that along the whole of the curve the rails were permitted to extend about two inches above the planks placed between the rails, that the planks were in an uneven condition so that the wagon which plaintiff was driving started to skid in the township, and continued to skid owing to the condition of the planks in the borough, and was finally so jarred in the borough by a projecting plank, that plaintiff was thrown out and injured.</p>