Solida v. Brady Township
Solida v. Brady Township
Opinion of the Court
Opinion by
The plaintiff was injured when two wheels of his buggy dropped over the side of a bridge on a public road. The bridge and road were in good condition^ except that the bridge had no guard-rails. The accident happened on a dark night and plaintiff’s lantern, which had been lighted, was broken a quarter of a mile from the bridge and could not be re-lighted. He proceeded on his way in the darkness, trusting to his horse to keep the road. He had frequently driven over the road and knew that the bridge, without guards, was close by, and that his horse was not trustworthy, as it was necessary for him to “guide him by the line.” “When I thought he was getting off to one side too far by looking ahead I pulled Mm over.” He said he could not tell whether he was in the center of the road or on the side of it. As he reached the bridge he heard the running water seven feet below.
Reference
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- Syllabus
- Negligence — Township roads — Bridge without guard-rail — Contributory negligence. In an action against a township to recover damages for personal injuries sustained when two wheels of plaintiff’s buggy dropped over the side of an unguarded township bridge, a verdict for the defendant is properly directed, where the evidence shows that the bridge was in good condition, except that it had no guard-rail; that the accident happened on a dark night; that the plaintiff’s lantern which had been lighted, was broken about a quarter of a mile from the bridge and could not be relighted; that plaintiff proceeded on his way in the darkness; that he had frequently driven over the road and knew that the bridge was without guard; that as he approached he heard the running water seven feet below; that he could not tell whether he was in the centre of the road or on the side of it; and that the horse was not trustworthy, as it was necessary for plaintiff to “guide him by the line.”