Wilson v. O'Hara Township

Citations

• 14 Pa. Super. 258
• 1900 Pa. Super. LEXIS 43

Syllabus

<p>Highways — Township road — Absence, of barrier — Negligence—Question for jury.</p> <p>Where there was established a narrow road from ten to twelve feet wide, along a hillside, upon the lower side of which there was an almost perpendicular declivity of some nine feet and a steep slope from there on, it would have been manifest error to have withdrawn from the jury the question of negligence of the township in failing to provide any barrier.</p> <p>Knowledge of defective road — Contributory negligence — Question for jury.</p> <p>The fact that the condition of a township road left without a necessary guard rail was known to the plaintiff, and that knowing this condition he drove over it at night and was injured by a fall over the embankment, incident to the sudden fright of his horse and the lack of a barrier, is not conclusive of contributory negligence but leaves that question for submission to the jury, there being evidence that a reasonably prudent man could safely drive over the road in question and that it had been used and driven over for many years.</p>