Hutchins v. Plymouth Township

Citations

• 241 Pa. 141
• 88 A. 316
• 1913 Pa. LEXIS 748

Syllabus

<p>Negligence — Townships—Highways—Evidence—Case for jury.</p> <p>While driving in a sleigh over a road in defendant township, plaintiff ran against a stone which projected about seven inches above the bed of the highway, resulting in an accident causing him personal injuries. Several witnesses for plaintiff testified that the obstruction in the road had existed for two or three years. He testified that he had no knowledge of the existence of the stone; that only an inch and a half of it protruded above the snow; that as he approached it there were teams on either side of the road, and it was necessary to be on the lookout to avoid collision with them. Held, the questions of the negligence of the defendant and the contributory negligence of the plaintiff were for the jury.</p>