Hogan v. Township of West Mahanoy

Citations

• 174 Pa. 352
• 34 A. 563
• 1896 Pa. LEXIS 888

Syllabus

<p>Negligence — Township)—Defective road — Contributory negligence.</p> <p>In an action against a township to recover damages for personal injuries, the question of defendant’s negligence and plaintiff’s contributory negligence is for the jury, where the evidence tends to show that about midnight on the day of the accident plaintiff, hearing the cry of dogs . attacking his goats, took his gun, ,and with a miner’s open lamp on his hat proceeded along a public road some distance, when his light blew out. In attempting to return home without relighting his lamp, he fell into a mine breach or hole which was left without guard rails, along the side of this road, and not in the traveled portion of it.</p>