Brown v. Philadelphia

Citations

• 267 Pa. 183
• 110 A. 164
• 1920 Pa. LEXIS 833

Syllabus

<p>Negligente — Municipalities—Hole in sidewalls — Covered witli water — Testing danger — Contributory negligence — Nonsuit.</p> <p>1. In an action against a city to recover damages for personal injuries, a nonsuit is properly entered where it appears plaintiff, a woman, as she was walking on a sidewalk, stepped into a pool of water three quarters of a yard long, one-half yard wide, and six or seven inches deep, and was injured; her testimony was in effect that she was looking ahead, saw the pool before stepping into it, but could not tell that it covered a hole deep enough to cause a fall; she did not walk on the other part of the pavement, because, as she testified, she “did not think of it”; and, while she stated there was constantly water there in different places, she did not say there were other pools of water, or that there was not sufficient room on the sidewalk for her to have avoided the pool in question.</p> <p>2. In such a case as plaintiff preferred testing a danger, when there were other parts of the pavement upon which she could have walked with safety, she is not entitled to recover.</p>