Boland v. Scranton City

Citations

• 59 Pa. Super. 524
• 1915 Pa. Super. LEXIS 112

Syllabus

<p>Negligence — Municipalities—Hole in sidewalk of street — Contributory negligence.</p> <p>1. One is not required in walking along a traveled highway, to keep his eyes fastened upon the ground continually to discover points of possible danger, nor is it necessary that he should in order to avoid exposed pitfalls lying directly in the path before him; but the law does require that he be observant of where and how he is going, so as to avoid dangers which ordinary prudence would disclose.</p> <p>2. In an action against a city .to recover damages for personal injuries sustained by stepping into a hole in a sidewalk, the evidence showed that on a clear day with a crowded pavement before him, the plaintiff ran close to the curb line for some distance and then left the sidewalk to go diagonally across the street to get on a street car. In leaving the pavement he stepped on the side of a hole which was in the sidewalk and next to the curb, which was about six inches wide, twelve inches long and six inches deep, and situated five or six feet distant from an iron pole eight inches in diameter, which it is urged, obstructed his view, as he was coming from the opposite direction. After passing the hole, he made one clear step and while taking the second met with the accident for which he claimed damages. Held, that the plaintiff was not entitled to recover.</p>