Winner v. Oakland Township

Citations

• 158 Pa. 405
• 27 A. 1110
• 1893 Pa. LEXIS 1601

Syllabus

<p>Negligence — Gontributory negligence — Highway—Known danger.</p> <p>A person who has knowledge of the dangerous condition of a public highway, and ventures to drive over it, assumes the risk of personal injuries resulting from the bad condition of the road.</p> <p>A married woman while riding in a carriage owned by her husband, and driven by her son, a man of full age, was injured by the overturning of the carriage in a public road which was in bad condition. Both mother and son knew of the dangerous character of the road, and were also aware that they could reach their destination by another road. When they approached the place where the accident occurred the son alighted, examined the road, and reported to his mother that he thought that he could pass the dangerous place by careful driving. In making the attempt the carriage was overturned, Ms mother was injured, and the carriage was broken. Held, that both mother and son were guilty of contributory negligence, and that no damages could be recovered from the township for the injuries to the mother, or for the breaking of the wagon.</p>