Ramage v. Lower Burrell Township

Superior Court of Pennsylvania
Ramage v. Lower Burrell Township, 54 Pa. Super. 617 (1913)
1913 Pa. Super. LEXIS 114
Head, Henderson, Morrison, Orlady, Porter, Rice

Ramage v. Lower Burrell Township

Opinion of the Court

Opinion by

Orlady, J.,

This action of trespass was brought to recover damages for injuries sustained by Mrs. Ramage in an accident on a public highway in the defendant township. The basis of the action was the alleged negligence of the township in not maintaining a substantial fence or barrier on the roadside at the place where a pony, which Mrs. Ramage and her son were driving, suddenly took fright and backed the buggy with its occupants down and off the highway, a distance of about thirty feet. The trial of the case in the court below resulted in a verdict in favor of B. F. Ramage, the husband, for $600, and in favor of Mrs. Matilda Ramage for $300. A new trial was refused, and the court overruled a motion for judgment non obstante veredicto in an opinion filed which so fully and clearly disposes of the legal questions involved that it is not necessary to review the testimony and repeat the rules of law governing such cases. The duty of the township authorities, and the necessity for a barrier at that place under the circumstances of the case were questions of fact, to be solved only by a jury. It could not be judicially determined by the court in giving binding instructions or on entering a judgment n. o. v. Additional authority for the action of the court is to be found in Bitting v. Maxatawny Township, 177 Pa. 213; Boone v. Norwegian Township, 192 Pa. 206; Wilson v. O’Hara Township, 14 Pa. Superior Ct. 258; Hamil v. Christiana Boro., 49 Pa. Superior Ct. 371; Goldstein v. Fallowfield Township, 43 Pa. Superior Ct. 158; Kerr v. Kiskiminetas Township, 238 Pa. 59; Walsh v. Altoona R. R. Co., 232 Pa. 479.

Separate appeals are presented for our consideration and we affirm the judgment entered in each case.

Reference

Cited By
2 cases
Status
Published
Syllabus
Negligence — Townships—Defective road — Failure to maintain barrier— Case for jury. In an action against a township to recover damages for personal injuries, the case is for the jury where the evidence shows that at the time of the accident the plaintiff was driving in a buggy in good condition, drawn by a gentle horse with good harness; that at the point of the accident the road was thirteen feet wide, with a steep unguarded declivity of thirty-three feet on one side, and that the horse suddenly stopped and backed the buggy down and off the highway over the declivity.