Hallowell v. Richland Twp.
Superior Court of Pennsylvania
Appeal, No. 303, Oct. T., 1915, by defendant, from judgment of O. P. Bucks Co., Dec. T., 1913, No. 31, on verdict for plaintiff in case of Robert M. Hallowell v. Richland Township. Trespass to recover damages for injuries to an automobile resulting from the defective condition of a township bridge. Before Ryan, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $600. Defendant appealed.
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Appeal, No. 303, Oct. T., 1915, by defendant, from judgment of O. P. Bucks Co., Dec. T., 1913, No. 31, on verdict for plaintiff in case of Robert M. Hallowell v. Richland Township. Trespass to recover damages for injuries to an automobile resulting from the defective condition of a township bridge. Before Ryan, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $600. Defendant appealed. Errors assigned were various rulings and instructions.
1Opinion of the Court
Opinion by
Ejephart, J.,
A municipality is bound to keep its highways in a fairly safe travelable condition, and travelers are entitled to presume that it will do so: March v. Phœnixville Borough, 221 Pa. 64; Rufo v. Philadelphia, 58 Pa. Superior Ct. 638. It is not an insurer against accidents from all defects in its highways, latent as well as patent, but is answerable for neglect in its duties in the construction and care of them. For a defect arising in them, without its fault, it is not liable unless it has express notice or *212the defect be so notorious as to be evident to all passers. But…
2Cases cited4 opinions
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- March v. Phœnixville BoroughSupreme Court of Pennsylvania · 1908
- Price v. NewellSuperior Court of Pennsylvania · 1913
- Rufo v. PhiladelphiaSuperior Court of Pennsylvania · 1915