Brown v. Towanda Borough

Citations

• 24 Pa. Super. 378
• 1904 Pa. Super. LEXIS 191

Syllabus

<p>Negligence — Boroughs—Defect in street — Evidence.</p> <p>In an action against a borough to recover damages for personal injuries sustained by the tilting of a loose plank over a gutter, evidence that on the day of the accident a stone step was substituted for the plank is admissible, not for the purpose of showing negligence of the borough, but for the purpose of showing that the borough had dominion or control over the place.</p> <p>The primary duty of keeping the street in a safe condition is on the municipality, and if that duty is neglected, and ’thereby injury results to any one, the municipality is primarily liable to the injured party.</p>