Martin v. Borough of Starrucco
Martin v. Borough of Starrucco
Opinion of the Court
Opinion by
The plaintiffs bring this action to recover for injuries sustained by the wife, alleged to have resulted from the negligence of the defendant borough. Mrs. Martin and
. The principal contention of the defendant, is that, by reason of the character of the road, the absence of sidewalks or paths, there was no duty resting upon the borough to maintain this road outside of the traveled portion in a smooth, safe and convenient condition for pedestrians traveling in the night time without a light. With regard to this point it may be conceded that the rule which requires municipalities to maintain the highways in the built-up portions of a town or city in smooth and safe conditions, throughout their entire width, does not apply to country roads. With regard to the latter it is sufficient if so much of the authorized width of the road as may be necessary to meet the requirements of the travel thereon be kept in smooth condition, and safe and convenient for travel: Monongahela City v. Fischer, 111 Pa. 9; Siegler v. Mellinger, 203 Pa. 256; Brophy v. Cleveland Township, 236 Pa. 426. The general practice is, with regard to such roads, to construct a road, within the lines authorized, of such width as in the discretion of the public authorities will meet the requirements of the public, and outside of that width the ground is not kept open and in good repair for the full authorized width. There is, however, a distinction between the road as constructed by the public authorities and which the public is invited to use and that mere track within the
The contributory negligence of the plaintiff was also for the jury. The evidence indicated that, the beaten track through the snow upen the culvert was not wide
The judgment is affirmed.
Reference
- Full Case Name
- Martin et ux. v. Borough of Starrucco
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Municipalities — Defective culvert — Contributory negligence. In an action by a pedestrian against a borough to recover for personal injuries sustained in a fall occasioned by a defective culvert, the question of the defendant’s negligence and the plaintiff’s contributory negligence is for the jury, where the evidence shows that at the time of the accident the plaintiff was walking along a publie road in the borough when there was deep snow upon the ground and that, while crossing a point where the road passed over a stone culvert through which water flowed, she stepped from the beaten track to avoid an approaching sleigh and her foot went through a hole between two of the stones which constituted the top of the culvert and was severely injured.