Lanahan v. Philadelphia & West Chester Turnpike Road Co.
Citations
- 4 Pa. Super. 382
- 1897 Pa. Super. LEXIS 130
Syllabus
<p>Turnpikes — Repair of roads — Piling material on side of road — Negligence.</p> <p>It is tlie duty of a turnpike company to keep its road in a good, safe condition ; it has the right to deposit outside of the traveled track of the road materials used in making repairs providing -the materials are so arranged that they are not, from their unusual appearance, likely to frighten an ordinarily trained horse.</p> <p>Question for jury — Negligence of turnpike company — Repairs of road.</p> <p>The evidence was uncontradicted that certain planks used in repair of a road had been neatly piled over night on the side of a turnpike. Plaintiff’s horse took fright at them early next morning. Evidence that the planks had been disarranged somewhat but which did not connect such disarrangement with the defendant, is not sufficient to carry the case to the jury on the question of defendant’s negligence.</p>
Judges: Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard
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