Stauffer v. Shenandoah Borough

Citations

• 63 Pa. Super. 178
• 1916 Pa. Super. LEXIS 130

Syllabus

<p>Negligence — Boroughs—Unguarded wall along road — Contributory negligence.</p> <p>In an action against a borough to recover damages for personal injuries, and for injuries to a horse and buggy resulting from a fall over an unguarded wall on the side of a road, the plaintiff will be deemed to have been guilty of contributory negligence, and will not be entitled to recover, where it appears that the accident happened about six o’clock on the evening of a day late in June, that the plaintiff was perfectly familiar with the condition of the road and that the wall was unguarded, that just prior- to the accident he had passed the dangerous part of the road, but a severe storm arising he turned back, and trusting to his horse to select the traveled part of the road, reached the exposed embankment where the accident happened.</p>