Cousins v. Warren Borough

Citations

• 54 Pa. Super. 136
• 1913 Pa. Super. LEXIS 27

Syllabus

<p>Negligence — Boroughs—Defective sidewalk — Contributory negligence— Alternative route — Case for jury.</p> <p>In an action by a woman against a borough to recover damages for personal injuries sustained by a fall in a hole in a plank walk across a street, the question of the plaintiff’s contributory negligence and the borough’s negligence is for the jury, where it appears that the hole in question was eight inches wide and twelve or fourteen inches in length and had been in the walk for over a year; that the walk was in general use and plaintiff had frequently passed over it; that the accident happened on a dark night, and that the only alternative route was through deep mud on one side or other of the cross-walk.</p>