Brown v. Milligan

Citations

• 33 Pa. Super. 244
• 1907 Pa. Super. LEXIS 275

Syllabus

<p>Negligence — Sidewalk—Contributory negligence — Evidence.</p> <p>In an action by a woman against the owner of a store to recover damages for personal injuries, the plaintiff testified that she stepped into a hole in the pavement about six inches from the door sill of the defendant’s store in which she had been buying goods. She was carrying a market basket filled with groceries on one arm, and under the other she had a package of dry goods. There were boxes and barrels on one side of the door, and a display of goods on the other. A young man who waited upon plaintiff in the store came out in advance of her carrying a sack of flour which she had just purchased from him. Plaintiff expected to meet her son, and as she left the store she looked -up to see whether he was coming down the street. Plaintiff was severely injured by the fall. The accident occurred between two and three o’clock of an August afternoon. Plaintiff gave as an explanation why she failed to see the hole as she entered the store, that she met a lady coming out whose dress skirt covered the hole so that plaintiff was unable to see it. The hole had been in the pavement for several weeks, and had been caused by the defendant’s employees taking heavy barrels and boxes out on the pavement in such a manner that they had broken the pavement and caused the hole. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>