Stringert v. Township of Ross

Citations

• 179 Pa. 614
• 36 A. 345
• 1897 Pa. LEXIS 699

Syllabus

<p>Negligence — Evidence—Township—Highway.</p> <p>Where aperson is found dead, with his neck broken, on a township road, and there is nothing to show how the accident occurred, or that the death was occasioned by the negligence of the township, damages cannot be recovered from the township.</p> <p>In an action against a township to recover damages for the death of plaintiff’s husband, it appeared that the deceased was found dead, with his neck broken, on a township road leading to a city. The deceased, who had been afflicted with asthma and heart disease, left his home in the morning in a one-horse wagon loaded with baskets which were to be sold in the city. When found in the afternoon there was nothing in the wagon but two sacks and two kegs of beer. The seat of the wagon had springs under it, and was raised about a foot above the wagon. The wagon was discovered in the road with the hind wheels in a rut about twelve or fifteen inches deep, intended to convey surface water from one side of the road to the other. The evidence tended to show that the rut had been worn deep by wagon wheels. The horse was standing still. The body of the deceased was lying in the road with the head toward the wheels, and feet towards the fence, the head being distant about eighteen or twenty inches from the front wheel. The road had been much traveled, and no accident had ever before occurred at this point. The deceased’s body was discovered about four o’clock in the afternoon of a dry and pleasant day. Held, that a compulsory nonsuit was properly entered.</p>