Powell v. East Union Township

Citations

• 71 Pa. Super. 234
• 1919 Pa. Super. LEXIS 75

Syllabus

<p>Negligence — Defective highway — Municipalities—Notice.</p> <p>1. In an action for damages for personal injuries, resulting from an accident due to a horse falling in a hole in a country road, the plaintiff is not entitled to recover where it appears that the hole in the road was caused by the alternate thawing and freezing of the road surface and where the township authorities could not have had notice of the defect for more than thirty hours prior to the accident.</p> <p>2. To charge the township authorities with constructive notice the defect must be apparent by reasonable inspection, and a .reasonable time must elapse before the township can be charged with such notice.</p>