McManamon v. Hanover Township
Citations
- 232 Pa. 439
- 81 A. 440
- 1911 Pa. LEXIS 740
Syllabus
<p>Negligence — Contributory negligence — Municipalities—Streets and. highways — Pedestrian—Fall over embankment — Choice of two ways— Death — Circumstantial proof.</p> <p>1. A person who uses a street or highway that is thrown open for public travel, knowing at the time that there is a safer route which he may take to reach his destination, is not necessarily guilty of negligence because he does not take the safer route. It is only when the danger is so great and apparent that an ordinarily prudent person would regard it as dangerous, and therefore avoid it, that a trial court can say, as matter of law, that the person .using the more dangerous route is guilty of contributory negligence. If the alternative route has dangers of its own, and the dangers of the route actually taken are not so great and obvious as to deter the general public and ordinarily prudent and careful people from using it, the question of the contributory negligence of a person injured in using it is a question for the jury.</p> <p>2. In an action against a township to recover damages for the death of plaintiff’s husband, who was lulled by falling over an unguarded vertical cut on the main street of defendant township, the case is for the jury where there is evidence to show that there was a footpath on top of the cut about 200 feet in length and about six feet in width running up from and back to the level portions of the street; that this path had been open to the public and used as a way for travel or sidewalk by the residents of the community for a long period of years; that the decedent had lived with his family for about three years in a house on the top of the cut and had been in the habit of using the pathway to and from his home; that the path was the usual way for the people in the community to reach the houses on the embankment; and that the only other way to the home of the decedent was by a roundabout course of nearly twice the distance, used by wagons with heavy loads, much of it
Judges: Elkin, Fell, Mestrezat, Moschziskeb, Moschzisker, Potter
Read full opinion on CourtListenerCited by
13 cases in this archive cite this case.
- Flucker v. Carnegie Steel Co.Supreme Court of Pennsylvania· 1919-01-04· cited 83×
- Dannals v. Sylvania TownshipSupreme Court of Pennsylvania· 1916-10-02· cited 26×
- Martin v. Pennsylvania RailroadSupreme Court of Pennsylvania· 1919-06-21· cited 22×
- Glancy v. McKees Rocks BoroughSupreme Court of Pennsylvania· 1914-01-05· cited 15×
- Madden v. Lehigh Valley RailroadSupreme Court of Pennsylvania· 1912-04-15· cited 14×
- Kuhns v. Upper Allen TownshipSuperior Court of Pennsylvania· 1914-07-15· cited 3×
- Caldwell v. Sears-Roebuck & Co.W.D. Pennsylvania· 1940-03-19· cited 2×
- Devlin v. Baldwin TownshipSupreme Court of Pennsylvania· 1918-01-07· cited 1×
- Marshall v. LevySuperior Court of Pennsylvania· 1916-07-18· cited 1×
- Hadley v. City of CoatesvilleSuperior Court of Pennsylvania· 1922-03-03· cited 1×
- Bell v. ShoffThird Circuit· 1937-04-06· cited 1×
- Brink v. Troy BoroughSuperior Court of Pennsylvania· 1913-07-16
- Anderson v. Reading Co.Philadelphia County Court of Common Pleas· 1930-08-12
Cites
10 cases in this archive are cited by this case.
- Allen v. WillardSupreme Court of Pennsylvania· 1868-03-23· cited 52×
- Steck v. City of AlleghenySupreme Court of Pennsylvania· 1906-01-02· cited 41×
- Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania· 1891-01-05· cited 38×
- Musselman v. Hatfield BoroughSupreme Court of Pennsylvania· 1902-05-19· cited 16×
- Beatty v. GilmoreSupreme Court of Pennsylvania· 1851-07-03· cited 13×
- Purcell v. RiebeSupreme Court of Pennsylvania· 1910-02-16· cited 12×
- Hill v. Township of TionestaForest County Court of Common Pleas· 1892-01-04· cited 11×
- City of Altoona v. LotzSupreme Court of Pennsylvania· 1886-11-03· cited 9×
- Cleveland & Pittsburg Railroad v. RowanSupreme Court of Pennsylvania· 1870-11-04· cited 5×
- Lehigh Valley Railroad v. HallSupreme Court of Pennsylvania· 1869-03-16· cited 4×
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