Wright v. Lehman Township
Wright v. Lehman Township
Opinion of the Court
Opinion by
It is manifest, from an examination of the evidence, that the, trial judge decided rightly in refusing binding instructions for the defendant. A snowdrift extended diagonally across a public road, sloping downward and narrowing toward the northern side.. Though it was observed almost immediately by the supervisor charged with the care of the road, nothing was done toward removing it, and travelers avoided it, in good part, by driving around the lower end, close by the roadside fence. Successive thawing and freezing for twelve days, while reducing its dimensions, left it with a hard, icy surface. On the night following this period, a sleigh, in which the plaintiffs and others were riding, was driven over the road. In the attempt to pass around the drift, it struck the slope, and, sliding down toward the roadside, upset. Mrs. Wright, one of the plaintiffs, was thrown out, and thereby sustained the personal injuries complained of.
The drift was, unquestionably, an impediment to travel, and it was the duty of the township supervisors to abate it, sufficiently, at least, to make travel at that point “ easy and convenient,” as required by the act of 1836. It was not sufficient, for all purposes, that travelers were able to make a circuitous passage around it. While it may have been safe to take this
Judgment affirmed.
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- Negligence — Township—Snowdrift. In an action against a township to recover damages for personal injuries the evidence showed that a snowdrift extended diagonally across a public road, sloping downward and narrowing toward the northern side. Though it was observed almost immediately by the supervisor charged with the care of the road, nothing was done towards removing it, andtravelers avoided it, in good part, by driving around the lower end, close by the roadside fence. Successive thawing and freezing for twelve days, while reducing its dimensions, left it with a hard, icy surface. On the night following this period, a sleigh, in which the plaintiff and others were riding, was driven over the road. In the attempt to pass around the drift, it struck the slope, and, sliding down toward the roadside, upset, injuring plaintiff. Eeld, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.