Miller v. American Car & Foundry Co.

Citations

• 74 Pa. Super. 66
• 1920 Pa. Super. LEXIS 93

Syllabus

<p>Negligence — Obstruction in street — Illegal use of street — Case for jury.</p> <p>In an action to recover damages for injuries to an automobile, sustained in a collision with a girder projecting from defendant’s plant into a highway, the case is for the jury and a verdict for the plaintiff will be sustained, where it appeared that the defendant was using a part of the street for storage purposes, and that no warning, had been given when the girder was carried into the highway.</p> <p>Under such circumstances, the instruction that, when the defendant undertook to use part of the street in its business of manufacturing iron and steel, there devolved upon the company a high degree of care to protect the traveling public from any damage or injury by reason of its use of the street, is without error.</p> <p>Without proper municipal authority, which was lacking, the defendant had no right to make a permanent use of the street, and it was bound to take extraordinary care to guard against accidents to persons using the highway.</p>