Kammerdiener v. Rayburn Township

Citations

• 233 Pa. 328
• 82 A. 464
• 1912 Pa. LEXIS 824

Syllabus

<p>Negligence — Township—Dangerous road — Guard rail — Question for jury — Proximate cause — Imputed negligence.</p> <p>1. Township authorities are not bound to guard against dangers not reasonably to be anticipated, arising from causes beyond the limits of a public roadway, but against dangers in such close proximity to the roadway as to naturally and probably cause injury to travelers, they are bound to provide proper safeguards.</p> <p>2. In an action against a township to recover damages for death of plaintiff’s wife alleged to have been caused by failure to provide a guard rail at a narrow and dangerous curve in a road, the case is for the jury and a verdict and judgment for plaintiff will be sustained, where the evidence shows that at the time of the accident plaintiff’s wife was riding with his brother in a buggy; that at the place of the accident the road was narrow and curved, with a railroad embankment on one side, and an unguarded declivity to a river on the other; that when the buggy was at the curve a train approached from the front; and that the horse turned abruptly and ran down the declivity into the river.</p> <p>3. In such a case negligence on the part of the driver, if there was any, in taking an unsafe horse on a dangerous road when he could have taken a safe road, cannot be imputed to the plaintiff’s wife, who had no control over the driver and no knowledge of the roads.</p>