Ashley v. Lehigh & Wilkes-Barre Coal Co.

Citations

• 232 Pa. 425
• 81 A. 442
• 1911 Pa. LEXIS 737

Syllabus

<p>Negligence — Boroughs—Defective sidewalk — Liability of owner — Negligence of borough — Statute of limitations.</p> <p>1. In an action by a borough against a property owner to recover the amount of a judgment rendered against the borough in an action for personal injuries sustained by a fall on a defective sidewalk in front of the owner’s premises, the borough is entitled to recover where it appears that the sidewalk had been in a very dangerous condition for several years prior to the accident, and that the owner had been notified by the borough to repair it and had failed to do so. In such a case it is immaterial that the premises were leased at the time of the accident, and that at the beginning of the lease the sidewalk was in good condition.</p> <p>2. A borough cannot be defeated of its right to recover from a property owner, damages which it had been compelled to pay by reason of the owner’s defective sidewalk, by the fact that thejmrough had not, in pursuance of an ordinance, repaired the sidewalk at the defendant’s expense after the latter had been notified to do so, and had neglected to obey the notice.</p> <p>3. Where a borough has been compelled to pay a judgment recovered against it for personal injuries sustained by a fall on a defective sidewalk, the statute of limitations does not begin to run against the borough and in favor of the owner whose property abutted on the sidewalk, from the date of the accident, but only from the date of the judgment or payment thereof.</p>