Milliren v. Sandy Township

Citations

• 29 Pa. Super. 580
• 1905 Pa. Super. LEXIS 382

Syllabus

<p>Negligence — Toumships—Defective road — Notice—Contributory negligence —Province of jury.</p> <p>In an action by a woman against a township to recover damages for personal injuries, the evidence showed that at the time of the accident plaintiff was riding in a wagon by the invitation of the owner. She was seated on a high spring seat near the front of the wagon, and she testified that she was holding on to the back of the seat and exercising due care. While thus seated one of the wheels of the wagon dropped into a rut or hole in the road, and plaintiff was thrown out and injured. It did not appear that plaintiff had knowledge of the condition of the road; but the road had been in a bad condition for such a period of time, as to amount to constructive notice to ' the supervisors. Held, that the question of negligence and contributory negligence was for the jury and that a. verdict and judgment for plaintiff should be sustained.</p>