Siegler v. Mellinger

Citations

• 203 Pa. 256
• 52 A. 175
• 1902 Pa. LEXIS 701

Syllabus

<p>Negligence — Townships—Defective road — Contributory negligence — Presumption.</p> <p>A person who walks on the side of, and not in the middle of an unfamiliar country road on a dark night, is presumed to be negligent.</p> <p>Township supervisors are under no obligation to construct a footpath along a country road, and they cannot be charged with negligence in permitting other parties to construct a cinder side path four feet wide along a country road, which for the most part is on a level with the roadway, but which at places is between five and six feet above the road. If a person walking along such path on a dark night makes a misstep and falls over into the road and is injured, he cannot recover from the township.</p> <p>Negligence — Evidence—Opinion of witnesses.</p> <p>Where there is nothing in the situation of the place of an accident, which a description will not enable the jury fully to understand, the opinions of witnesses that the place was dangerous, are not admissible.</p>