North Manheim Tp. v. Arnold

Citations

• 119 Pa. 380
• 13 A. 444
• 1888 Pa. LEXIS 558

Syllabus

<p>1. When objects, ordinarily calculated to frighten roadworthy horses, are placed and suffered to remain upon the public highway, they are regarded as obstructions, and, after due notice to the public authorities, a township is liable for injuries caused thereby.</p> <p>2. It matters not that the obstruction is outside the traveled route, as it is the duty of road officers to prevent the use of the roadside as a place of deposit for private property, particularly if it be of a character to frighten ordinary horses, though the duty does not attach until they know, or ought to know, of the obstruction.</p> <p>3. The law does not impose upon towmship officers an absolute liability for every insufficiency óf a road; they are required to do what is practicable and to preserve a condition of reasonable safety with reference to the kind and amount of travel accommodated.</p> <p>4. But a township is not relieved by the fact that the party injured might sustain an action against the persons who put the obstruction in the pi ace it was; it is the plaintiff’s right to proceed against the township or the individual, as he may choose.</p> <p>5. Injuries were received from the frightening of a horse at piles of lumber at the roadside and projecting into the highway; it was proper, as affecting the question of notice, to admit evidence showing that in repeated instances lumber was piled at that place, for, if so, it was the duty of the township to know the fact and to interfere.</p>