Chilton v. Carbondale

Citations

• 160 Pa. 463
• 28 A. 833
• 1894 Pa. LEXIS 830

Syllabus

<p>Negligence — Municipalities—Defective street — Contributory negligence— Previous knowledge of defect — Presumption.</p> <p>In an action against a city to recover damages for personal injuries it is proper to submit the question of defendant’s negligence to the jury where the evidence tends to show that the stones at the crossing at which plaintiff was injured were in a slanting position and projecting one above another, and had been permitted to remain so for several months.</p> <p>The question of plaintiff’s contributory negligence should be submitted to the jury where there is evidence that she knew of the condition of the crossing three weeks before the accident, and that she also knew of another and safer route to her destination.</p>