Bruch v. City of Philadelphia

Citations

• 181 Pa. 588
• 37 A. 818
• 1897 Pa. LEXIS 585

Syllabus

<p>Negligence — Municipalities—Defect in sidewalk.</p> <p>Persons walking on the pavements of a large city are not bound to exercise extraordinary care. They have the right to assume that the pavements are reasonably safe, and that they, by the ordinary use of their eyes, at an ordinary pace, can safely walk on them. Care according to circumstances is all that the law enjoins.</p> <p>Negligence — Municipalities—Defective sidewalk — Referee—Findings of fact — Act of May 14, 1874.</p> <p>A case against a city to recover damages for personal injuries to plaintiff caused by his falling into a hole in a defective sidewalk, at night, was referred to a referee. Plaintiff was unacquainted with the walk, and had no knowledge of the defect. There was evidence of an electric light not very far from the hole, and also evidence that this light dazzled the eyes of the traveler so that he could not see a defect in the pavement. The plaintiff testified that at the time of the accident he was walking along without looking around or about, “minding my own business; ” that he did not see the hole until he fell into it, and that “you could see it by looking at it carefully.” The referee found that the plaintiff was not guilty of contributory negligence. The court was of the opinion that the plaintiff’s testimony showed contributory negligence, and for that reason reversed the referee. Held, that, as the plaintiff’s testimony was susceptible of two meanings, the case would have been for the jury if that method of trial had been adopted; and the referee having been substituted for the jury his finding of fact was conclusive on defendant.</p> <p>The power of a referee appointed under the Act of May 14, 1874, P. L. 166, is the same to all intents and purposes as that of a judge who, under the Act of April 22, 1874, P. L. 109, by agreement, finds the facts and determines the law of the issue; and the referee’s findings of fact are as conclusive as the verdict of a jury. t</p>