Mountz v. North Versailles Township

Citations

• 223 Pa. 163
• 72 A. 345
• 1909 Pa. LEXIS 498

Syllabus

<p>Negligence — Township—Hole in road; — Question for jury.</p> <p>In an action by a woman against a township to recover damages for personal injuries caused by a fall in a hole in a road, the evidence showed that on one side of the road there was a bank that sloped to a stream several feet below. The bank had in places been worn away by the action of water, and the bed of the road was undermined. At one place where the traveled way was only eight or nine feet wide, there was a hole at the side of the road seven feet deep which had existed there for several weeks. The plaintiff knew of it, and while walking with her daughter on a dark night, tried to avoid it by keeping in the middle of the road. She stepped within eighteen inches of the hole, and the earth gave way under her feet. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>