Shuman v. North Union Township

Citations

• 267 Pa. 344
• 109 A. 624
• 1920 Pa. LEXIS 860

Syllabus

<p>Negligence — Townships—Roads—Defective road — Contributory negligence — Nonsuit—Failure to exercise senses — Warning—Notice.</p> <p>1. The driver of a wagon, or other vehicle, is required, at all times, in the exercise of due care, to make use of all his faculties when engaged in traveling along a public highway, to discover dangers. He must, at certain places pause to afford his faculties full play that he may better protect himself; when he has reason to suspect from the condition of the highway or an unusual disturbance of his vehicle, or team, that a danger exists, or something is wrong with the highway, it is his duty to stop his vehicle, and investigate. If, notwithstanding the warning given by the ordinary use of his faculties, or the condition of his vehicle, he persists in going forward, the municipality will not be liable for any injury that may befall him.</p> <p>2. In such a case the plaintiff was guilty of contributory negligence, as he did not use his faculties as the law requires, either in looking, feeling or appreciating difficulties plainly patent to an ordinary person. He should have seen the diverging roads and separating horses, and noticed the tilting of the wagon, and taken precautions accordingly.</p>