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· 1/3/1922

Calligan v. Monongahela City

Citations

  • 272 Pa. 28
  • 115 A. 869
  • 1922 Pa. LEXIS 769

Syllabus

<p>Negligence — Municipalities—Hole in pavement — Notice—Time —Constructive notice — High heeled shoes.</p> <p>1. It is negligence for a city to leave so large a hole in one of its pavements that heels of the usual size will probably catch therein and cause the wearer to be thrown to the ground; but it is not required to anticipate the possibility of accidents by the use of abnormally narrow heels, however fashionable they may be.</p> <p>2. Where the evidence shows a number of holes in a pavement, it is sufficient if the particular one, regarding which complaint is made, is proved to have existed for such a length of time as to require the city then to take notice thereof.</p>

Judges: Frazer, Iaffer, Kephart, Moschzisker, Sadler, Sci, Simpson, Walling

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