Trexler v. Greenwich Township
Supreme Court of Pennsylvania
Appeal, No. 176, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., Feb. T., 1894, No. 12, on verdict for plaintiff. Trespass for personal injuries. Before Ekmentrout, P. J. At the trial it appeared that plaintiff was injured by falling with his team and wagon down a steep declivity at the side of a public road.
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Appeal, No. 176, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., Feb. T., 1894, No. 12, on verdict for plaintiff. Trespass for personal injuries. Before Ekmentrout, P. J. At the trial it appeared that plaintiff was injured by falling with his team and wagon down a steep declivity at the side of a public road. The testimony showed that the road at the point where the accident occurred was only eleven feet wide, with a high bank on one side, and a declivity of seventy feet on the other. The descent for the first ten feet was vertical, and for the rest of the way it was so steep…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff was injured by falling with his team and wagon down a steep declivity at the side-of a public road. At the place of the accident the road was only eleven feet wide. On one side there was an embankment, and on the other the declivity extended some seventy feet to a stream. The descent for the first ten feet was vertical, and for the rest of the way it was so steep that the plaintiff and his horses rolled down it fifty feet until their motion was arrested by a- stump. There was no guard rail or barrier of any kind at this point.
*218The ease was submitted to…
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