Smith v. Muncy Creek Township

Citations

• 206 Pa. 7
• 55 A. 767
• 1903 Pa. LEXIS 637

Syllabus

<p>Bridges — Repair of bridges — Counties—Townships—Acts of April 13, 1843, P. L. 221, March 30, 1859, P. L. 309, and March 12, 1860, P. L. 144.</p> <p>The special Act of March 30, 1859, P. L. 309, extended by the Act of March 12, 1860, P. L. 144, to Lycoming county, makes it the duty of supervisors and street commissioners in that county to keep in repair all bridges built by the county.</p> <p>Township supervisors are not agents of the county commissioners in making repairs to a county bridge, and the duty of repairing and consequently of inspecting is primarily on the township.</p> <p>Negligence — Township—Defective bridge.</p> <p>Township supervisors owe a duty of inspection to bridges under their control, and deterioration of the timbers of a bridge should have been known to the supervisors where it appears that the floor timbers of a bridge had not been renewed for fifty-five years.</p> <p>Negligence — Townships—Defective bridge — Traction engines.</p> <p>Township supervisors having knowledge that the use of traction engines in the township had become general and that their transportation had been for many years an ordinary use of the roads of the township, should provide against dangers from this ordinary and reasonable use of the township bridges.</p> <p>Negligence — Extent of injuries — Question for jury.</p> <p>In an action to recover for personal injuries received by the fireman of a traction engine, caused by the engine breaking through a bridge and precipitating itself and him into a stream some distance below, the questions as to whether or not hemorrhages of the stomach, with which he suffered three months after the accident, and his physical condition at the time of the trial, were the direct consequences of his injuries by the accident, are for the jury.</p>