Township of Plymouth v. Graver

Citations

• 125 Pa. 24
• 24 W.N.C. 335
• 17 A. 249
• 1889 Pa. LEXIS 689

Syllabus

<p>1. Whenever a highway is from any cause rendered so unsafe as to put the traveler upon it in peril, it is the duty of the township to do whatever is practicable and reasonable, under all the circumstances, to render it safe, and the facts in each case are to be submitted to the judgment and experience of the jury.</p> <p>2. It matters not whether the clanger arises from an imperfection in the road itself, from an excavation in it outside the traveled route, from the existence of a declivity or a stream of water at the roadside, or from a railroad upon which locomotives and trains are accustomed to pass; if the road is rendered a place of peril, the township is held to do whatever is reasonably practicable to avert the danger threatened.</p> <p>8. Where a township road ran for a distance parallel with aud immediately adjacent to a railroad, with no fence or barrier between them, and a traveler’s horse became unmanageable by fright at a passing train, and was struck by the train and killed, whether the place; was a place of peril and the township was negligent in failing to erect a fence or barrier, wore questions of fact, under all the circumstances, for the jury.</p> <p>4. la such ease, if the liability of the township for the injury is found, while the plaintiff is not entitled to interest, eo nomine, upon the amount of damages ascertained, yet 1 he jury may properly consider the time that has elapsed since the injury was received, in fixing upon the amount of the verdict they should return.*</p>