Wasser v. Northampton County
Wasser v. Northampton County
Opinion of the Court
Opinion by
At the trial in the court below a compulsory nonsuit was entered in the above numbered cases, and appellant now complains because the learned trial judge overruled the motion to take them off. The accident resulted by reason of an automobile, driven at a speed of from twenty to twenty-five.miles per hour, running through a guard rail and over an embankment into the-canal. That the guard was erected at the proper place is not denied, and the evidence amounts to a demonstration that the accident happened not by reason of any defect in the guard rail, but because the automobile was driven against it with such force as to lift the posts out of the ground and carry the whole structure over the embankment. It is contended for appellant that it was the duty of the county in this instance, as it is of townships in all cases, where the highway runs along the edge of a precipice or dangerous embankment, to erect guards or barriers for the protection of the traveling public, and that failure to perform this duty makes the county, or township, as the case may be, liable in damages for injuries resulting from such neglect. With this statement of the law no fault can be found. It was the duty of the county in the present case to erect a guard rail at the point of the accident, but this duty had been performed and the guard rail was there. There is no hard and fast rule as to the kind and character of a guard rail or barrier to be erected so that the highway may be deemed reasonably safe for the ordinary needs of travel. Public roads are intended for ordinary travel; if they meet the requirements which their ordinary uses demand, the authorities in charge of them have performed their duty under the law and cannot be made answerable in damages for extraordinary accidents occurring on them: Hey v. Philadelphia, 81 Pa. 44. Township officers are not bound to anticipate and provide against the happening of accidents under extraordinary circumstances. Proximity to a precipice or dangerous embankment requires a degree
Again, the guard rail gave notice to the driver of the automobile that the place was dangerous, and with this notice before him, it was his duty to avoid that danger by driving his car upon the roadway proper, and not to take the chances of a test of strength between a rapidly speeding automobile and a lightly constructed guard rail, sufficient to guard against accidents resulting from the ordinary uses of the highway, but insufficient to stand such a test of strength. In this view of the case we are also of opinion that the driver of the car was clearly guilty of contributory negligence. We see nothing in either case calling for a reversal.
Judgments affirmed.
Reference
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- Syllabus
- Negligence—-Municipalities — Counties — Highways — Embankment—Guard rails—Automobiles—Contributory negligence—Non-suit. 1. Where a highway runs along the edge of a precipice or dangerous embankment, it is the duty of a municipality to erect guards or barriers for the protection of the traveling public and the failure to perform this duty makes the county, or township, as the case may be, liable in damages for injuries resulting from such neglect. 2. There is no hard and fast rule as to the kind and character of a guard fail or barrier to be erected so that the highway may be deemed reasonably safe for the ordinary needs of travel. If the condition of the road meets the requirements which ordinary users of the road demand, the authorities in charge have performed their duty under the law and cannot be made answerable in damages for extraordinary accidents occurring on them. The ordinary needs of travel change with changed circumstances and road officials must keep in mind the new uses of travel in the construction and maintenance of highways. 3. There is no duty on the part of a municipality to erect a guard rail strong enough to prevent an automobile driven at a high speed from running over an embankment in close proximity to the highway. The presence of a guard rail gives notice that the place where it is erected is dangerous. 4. In an action against a county to recover damages for death of plaintiff’s decedent, a nonsuit was properly entered where it appeared that the plaintiff’s husband and son were riding in an automobile, which while going at the rate of about twenty-five miles an hour struck a guard rail separating the highway and a steep embankment, with such force as to lift the posts out of the ground and carry the whole structure over the embankment, resulting in the death of both occupants of the car, and that the rail was properly placed and the accident did not happen by reason of any defect in the rail.