City of Bradford v. Barry

Citations

• 254 Pa. 303
• 98 A. 975
• 1916 Pa. LEXIS 723

Syllabus

<p>Negligence — Sidewalks—Defects—Injury to pedestrians — Recovery against city — Action over against property owner — Notice— Nonsuit — Practice, G. P.</p> <p>1. In an action by a municipality against a property owner to recover damages paid by tbe former to a pedestrian for injuries sustained in consequence of a fall occasioned by tbe defective condition of a sidewalk in front of defendant’s property, wbicb was at tbe time occupied by a tenant, the burden is upon tbe plaintiff to show that tbe defendant bad either actual or constructive notice of the defect which caused the injury, and in the absence of such proof a compulsory nonsuit is properly entered.</p> <p>2. Where in such ease a city ordinance requires that the owners are to be notified by the city to repair defective sidewalks, the municipality is not in a position to complain of lack of care on the part of the property owner in failing to make such repairs where it has given no direction that they should be made.</p> <p>3. Where in such case the title to the property is in a life tenant and remaindermen, there is no duty or liability on the part of the remaindermen in respect to the repair of the sidewalk, and where the remaindermen are improperly joined as parties defendant the proper practice is for the plaintiff to offer to eliminate them from the record.</p>