Brookville Borough v. Arthurs

Citations

• 152 Pa. 334
• 25 A. 551
• 1893 Pa. LEXIS 977

Syllabus

<p>Negligence — Liability of property owner to borough for judgment recovered against latter for negligence of former.</p> <p>A borough which has been compelled to pay a judgment recovered aSa™st; k f°r personal injuries caused by a defect in a sidewalk, may recover the amount of the judgment from the property owner whoso negligence to repair was the occasion of the injury.</p> <p>In such a case the person injured may proceed in the first place either against the borough or the property owner.</p> <p>Neglect to repair sidewalk — Liability of property owner.</p> <p>A property owner, required by ordinance to keep a sidewalk in repair, and repeatedly notified of defects which he promises to repair, is liable for an injury caused by his neglect to repair, although at the time of the accident the property is in the possession of a tenant.</p> <p>Charge of court — Bequest—Beview.</p> <p>The Supreme Court will not sustain an assignment of error that “the court erred in not instructing the jury upon the question to be decided,” where the court answered all the points presented by the parties.</p>