Stokes v. Township of Ralpho

Citations

• 187 Pa. 333
• 40 A. 958
• 1898 Pa. LEXIS 811

Syllabus

<p>Negligence — Townships—Unguarded road — Apparent danger.</p> <p>One is not precluded from recovering for an injury received from a defect in a road, though knowing it was defective, unless the danger was so apparent that in the use of ordinary care he ought not to have undertaken the passage.</p> <p>Tn an action against a township to recover damages for personal injuries, the case is for the jury where the evidence tends to show that plaintiff, while driving a gentle horse at night with a buggy, fell over a precipitous bank at the side of the road; that the bank was unguarded, and had been so ever since the road was made, many years before.</p>