Nicholas v. Keeling

Citations

• 21 Pa. Super. 181
• 1902 Pa. Super. LEXIS 333

Syllabus

<p>Negligence — Contractor—Obstruction of highway — Fright of horse.</p> <p>While contractors for the repairs of a highway, or their employees, during the intervals between labor, have the right to leave alongside the highway the carts in daily use, they are nevertheless bound to use the care of an ordinarily prudent man having regard to the circumstances in doing it.</p> <p>In an action against a contractor engaged in repairing a public road to recover damages for personal injuries sustained by the fright of a horse, the ease is for the jury where the evidence for the plaintiff is sufficient to warrant a jury in finding that carts were left standing with their shafts upright by the contractors, or their employees, with their implied permission, partly in the traveled way, that there was barely room to pass them in safety in the daytime and under the most favorable circumstances, that they could not be seen at night by an approaching driver until he was almost upon them, that they were so placed as to be likely to frighten an ordinarily quiet and well trained horse coming suddenly upon them, and that if he shied he would be likely to plunge over an unguarded and precipitous embankment at the other side of the road, and where there is no evidence that it was impracticable to place them in a position where they would be less likely to cause accident.</p> <p>Negligence — Master and servant — Negligence after hours of employment.</p> <p>In an action against a contractor employed in repairing a public road to recover damages for personal injuries sustained by reason of the fright of the plaintiff’s horse at a cart left standing in the road during the night, the defendant is riot liable for the injuiy where the evidence will warrant the jury in finding that the cart was left standing in the road by an employee, to whom it belonged, at a point about a mile distant from the work, that the employee was hired for no definite time, and that his duties to his employers began wh