Brassington v. Mount Carmel Borough

Citations

• 24 Pa. Super. 318
• 1904 Pa. Super. LEXIS 175

Syllabus

<p>Negligence — Boroughs—Defect in street.</p> <p>In an action against a borough to recover-damages for personal injuries sustained by a fall in a hole in a bridge, it appeared that the bridge was on a street having walks, buildings, well defined curbing, gutter and paving lines on each side, and lighted by electric lights. The hole into which the plaintiff fell was from eight to ten inches wide, twelve to fifteen inches long, formed by a broken plank which the borough had permitted to remain in a dangerous condition about three years. Plaintiff testified that he did not know of the defect in the pavement, that he had not passed over the bridge within six months prior to the accident, and that owing to the imperfect lighting of the street, the hole in the pavement was not noticeable by any reasonable care. It also appeared that the route taken by the plaintiff was the most direct one to his destination, and the one generally used by persons going in his course. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>