Berry v. Sugar Notch Borough
Pennsylvania Supreme Court
43 A. 240 (Pa. 1899)
Relevant factsFree
Berry (plaintiff), a streetcar motorman, was driving over the speed limit set by a local ordinance during a violent windstorm when a large tree in the road fell on his streetcar, injuring him. He sued the borough (defendant) for maintaining the dangerous tree. The trial court awarded him damages, and the borough appealed, arguing Berry's own speeding was contributory negligence that should bar recovery.
IssueFree
Whether a plaintiff's contributory negligence bars recovery for an injury that occurred by pure chance and was not a proximate cause of that injury.