Travers v. Delaware County

Citations

• 280 Pa. 335
• 124 A. 497
• 1924 Pa. LEXIS 518

Syllabus

<p>Negligence — Defect in county bridge — Duty of inspection — Latent defect — Engineers—Notice—Opinion of experts — Nonsuit.</p> <p>1. While it is the duty of county officers to keep bridges under their control in proper and safe condition, yet, when it appears they have exercised due effort to perform the duty imposed on them, the county should not be charged with liability for damages when an unfortunate, and not reasonably to be expected, accident occurs.</p> <p>2. Where a county bridge has been in use for more than thirty years, failure to take proper care cannot be rested on the original manner of design or building, if there is no evidence to show that the plan followed was so defective as to make its adoption an act of negligence.</p> <p>3. It is the duty of county commissioners to make personal inspection of county bridges, so that they may be kept in safe condition, and to employ competent engineers for that purpose.</p> <p>4. When defects are brought to -the attention of the commissioners, necessary changes must be made, and the highway closed in the meantime if there is apparent danger!</p> <p>5. If the defects are observable by reason of exterior marks, steps • must be taken immediately to protect the traveling public.</p> <p>6. If the flaw is hidden, the measure of care required is that which ordinarily prudent men would be expected to exercise in the management of their own affairs,</p> <p>7. Where an a'ccident is the result of a latent fracture in a bridge, the county is not to be held liable, unless the officers had actual notice of the threatened danger, and made no effort to prevent injury.</p>