Wellman v. Borough of Susquehanna Depot

Citations

• 167 Pa. 239
• 31 A. 566
• 1895 Pa. LEXIS 885

Syllabus

<p>Negligence — Borough—Road—Imperfectly guarded embankment.</p> <p>In an action against a borough to recover damages for personal injuries caused by the horse which plaintiff was driving taking fright at a locomotive and running over an embankment, the question of defendant’s negligence is -for the jury where the evidence tends to show that at the place where the accident occurred there was a steep perpendicular bank at the side of the road, extending, about twenty-eight feet above the railroad tracks below, and about fifty-six feet distant from the tracks, and that there were no guards or barriers along the road.</p> <p>Where there is evidence that if plaintiff had gone a short distance out of his way, he could have traveled to his home by a road which he knew to be safe, while he knew that the road which he did take was a dangerous one, the question of plaintiff’s contributory negligence was for the jury.</p>