Kuhns v. Upper Allen Township

Citations

• 57 Pa. Super. 386
• 1914 Pa. Super. LEXIS 209

Syllabus

<p>Negligence — Townships—Ropes stretched across road — Contributory negligence — Case for jury.</p> <p>1. In an action by a federal mail carrier against a township to recover damages for personal injuries sustained by running into a light rope about one-half inch thick stretched to a height of three or four feet above a road, the case is for the jury where it appears that the plaintiff was operating with due care a small motor ear at the time of the accident; that the road in question was a short one connecting two main roads; that on the day before, plaintiff had entered from one main road, and had seen workmen repairing a cave-in which he passed safely, and went on to the other main road; that immediately before the accident he had entered the short road from the first main road, saw a heavy rope stretched across the road, which he took down, and again safely passed the cave-in where men were working who did not warn him of anything ahead; and that he then proceeded observing due care in the running of his machine, and struck the light rope which injured him.</p> <p>2. In such a case the plaintiff was under ho obligation, as a matter of law, to proceed by another road of which he knew.</p>