Mueller v. Ross Township

Citations

• 152 Pa. 399
• 25 A. 604
• 1893 Pa. LEXIS 989

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Townships—Highways—Traveler—Known danger — Assumption oj risk — Contributory negligence.</p> <p>In an action to recover damages for injuries to horses, it appeared that plaintiff was driving along a country road between eight and ten o’clock on a dark night. At the point where the accident occurred, the road was on the side of a hill, with a slope of six or eight feet to a fall. At this point the road curved. On the lower side of the road there was an embankment, or footpath, to protect it, upon which pedestrians walked. The embankment was one or two feet higher than the road, and served as a protection for wagons. As plaintiff approached the curve, he slackened the reins, and allowed the horses to go at will. One of them got on the embankment and fell from the slope, dragging the other with him. It appeared that plaintiff was familiar with the road. Held, that, as he negligently assumed a known risk, he was not entitled to recover, and that binding instructions in favor of the defendant should have been given to the jury.</p>