Wagner v. Township of Jackson

Citations

• 133 Pa. 61
• 19 A. 312
• 1890 Pa. LEXIS 872

Syllabus

<p>(a) In an action against a township for negligence, it was shown that the horse the plaintiff was driving became unmanageable by fright, turned about, and, running away, broke a wheel and dragged the buggy upon a stone-lieap in the public road, throwing the plaintiff' out:</p> <p>1. In such case, if the plaintiff’s injury was caused in part by the fright of the horse, the broken wheel and the dragging axle, and in part by the negligence of the supervisors of the township, the township was responsible arid the plaintiff was entitled to recover.</p> <p>2. On the other hand, if her injury was caused simply by the fright of the horse, the broken wheel and the dragging axle, and not by the carelessness and negligence of the supervisors, the township would not be responsible, and the question of such negligence was for the jury.</p>