Jones v. Pennsylvania Canal Co.

Citations

• 178 Pa. 123
• 35 A. 925
• 1896 Pa. LEXIS 1140

Syllabus

<p>Negligence — Bridge over canal — Contributory negligence — Question for jury.</p> <p>A bridge over a river and a footbridge over a canal near tire end of the river bridge were swept away by a flood. Within less than six months thereafter both bridges were reconstructed, except the approach to the canal bridge. At that point, a ditch from five to seven feet long and from two to three feet deep extended across the footwalk between the two bridges. Diagonally across the ditch, and connecting the wagon road with the footwalk of the canal bridge, was laid a heavy plank ten or twelve feet long, and ten or twelve inches wide. The footwalk was a continuation of the sidewalk, and had been open from the time the canal company concluded the reconstruction of its bridge, until the night plaintiff was injured, which was a period of several weeks. Between the west end of the footwalk of the canal bridge and the east end of the county bridge a quantity of lumber had been piled up, so as to divert travel from that part of the roadway. Owing to illness plaintiff had been confined to the house, and had not crossed the bridges after their reconstruction, until the evening of the accident. About seven o’clock on the evening of the accident she crossed the footwalk of the canal bridge, and fell into the unguarded ditch and was injured. Although plaintiff had not crossed the reconstructed bridges, she knew that they had been open for travel for several weeks. Held, that the question of the canal company’s negligence and the plaintiff’s contributory negligence was for the jury.</p>