Stewart v. Chester & Darby Telford Road Co.

Citations

• 3 Pa. Super. 86
• 1896 Pa. Super. LEXIS 109

Syllabus

<p>Negligence — Evidence—Turnpikes—Question for jury.</p> <p>Whether it was a proper and necessary precaution to hang a light upon a toll gate at night in order to protect travelers from coming in contact with.the end of an unprotected pole is a question properly for the jury, and the fact that upon an old gate the same gate keeper and the same company had hung a light for that purpose was certainly evidence of the necessity Of siich a protection at.the old gate and therefore properly admissible as evidence of the necessity for the same kind of protection at a new gate recently established across the road.</p> <p>Negligence — Contributory negligence — Turnpikes—Instructions of the court.</p> <p>The question of negligence of a turnpike company, in leaving on a dark night the exposed end of its gate unlighted, having been properly left to the jury, it was proper for the court to instruct the jury on the question of contributory negligence, as follows: “If there was any negligence conr ti'ibutory to the accident on the part of the plaintiff he cannot recover. But I do' not say that he was bound to carry a lantern on a dark night. He would be bound to walk carefully wherever he was going and to avoid known obstructions, and if he knew the gate was there, then it would have, been his duty to use more care than usual to avoid it,” and in the general charge the jury was told “ he must use all necessary precaution to avoid a collision or accident when walking on a dark night along a public road. ... To enable him to recover you must find that there was negligence upon the.part of the defendant and no contributory negligence upon the part of the plaintiff.”</p> <p>Province of court and jury — Correction of mistake in charge.</p> <p>A judge has a right to correct a mistake made on the trial under a mis? apprehension of the facts without being charged with encouraging a verdict for either party.</p> <p>Evidence— Competency of witnesses — Arbitrators.</p> <p>Arbitrators before