Heister v. Fawn Township
Supreme Court of Pennsylvania
Appeal, No. 196, Oct. T., 1898, by plaintiffs, from order of O. P. No. 3, Allegheny Co., Aug. T., 1897, No. 190, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before McClung, J. At the trial it appeared that the accident occurred about noon on June 4,1893, at a point on the Tarentum and Saxonburg state road where the traveled portion of the road was smooth, level and about fifteen feet wide.
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Appeal, No. 196, Oct. T., 1898, by plaintiffs, from order of O. P. No. 3, Allegheny Co., Aug. T., 1897, No. 190, refusing to take off nonsuit. Trespass to recover damages for personal injuries. Before McClung, J. At the trial it appeared that the accident occurred about noon on June 4,1893, at a point on the Tarentum and Saxonburg state road where the traveled portion of the road was smooth, level and about fifteen feet wide. On one side of the road was a somewhat abrupt embankment and on the other was a declivity without guard rail or other protection. At the point where the accident…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
According to all the evidence the road at the point where the, accident took place was smooth, level and of sufficient width for ordinary travel. The absence of a parapet or guard rail was not in any sense the proximate cause of the accident, though if one had been there the consequences might have been less serious. Even that however is entirely conjectural. But there was nothing in the occasion of the accident or the manner of its occurrence which the township could reasonably have been required to foresee and provide against. Further, if the township was…
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