Albrecht v. Erie City

Citations

• 265 Pa. 453
• 109 A. 153
• 1920 Pa. LEXIS 459

Syllabus

<p>Negligence — Municipalities—Slipping on sidewalk — Contributory negligence — Cross-examination—Bight to cross-examine plaintiff— Evidence.</p> <p>1. In a negligence case against a city to recover damages for injuries sustained by a fall on a slippery sidewalk, where tbe plaintiff testifies that when he fell it was dark, and snow, which covered the sidewalk, prevented his seeing the ice, it is reversible error for the trial court to refuse to permit the cross-examination of the plaintiff for the purpose of developing from him the fact that he had been guilty of contributory negligence.</p> <p>2. In such a case the plaintiff could keep nothing back within his own knowledge that barred his right to recover. If he did so, either voluntarily or by the failure of his counsel to develop it on direct examination, tbe defendant’s right was to call it forth on cross-examination, not as a matter of defense, but as part of the plaintiff’s case, for the consideration of the court and jury, relieving the defendant from making any defense.</p> <p>3. A plaintiff seeking'to recover damages for injuries alleged to have been sustained through the negligence of the defendant, must make out a case clear of contributory negligence.</p>