Clark v. Philadelphia

Citations

• 46 Pa. Super. 253
• 1911 Pa. Super. LEXIS 262

Syllabus

<p>Negligence — Municipalities—Hole in sidewalk — Contributory negligence — Case for jury.</p> <p>In an action by a woman against a city to recover damages for personal injuries sustained by a fall in a hole in a sidewalk at night, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where the evidence of the plaintiff and her witnesses although contradicted by that of the defendant’s witnesses, tends to show that the night was dark with the street lights in the vicinity dimmed by atmospheric conditions, that the hole in which plaintiff fell was in a cemented sidewalk, that the hole was about four or five inches deep, and of a varying width of from one to two feet; that the plaintiff did not know of its existence; that it was not plainly visible to one walking; and that she did not in fact see it before she stepped into it.</p>