Davis v. Shenandoah Borough

Citations

• 273 Pa. 501
• 117 A. 207
• 1922 Pa. LEXIS 605

Syllabus

<p>Negligence — Boroughs — Sidewalk — Pedestrian — Stepping on dangerous brick — Notice—Constructive notice — Contributory negligence — Case for jury — Evidence.</p> <p>1. A borough is not an insurer against accidents and is bound to use only ordinary care to maintain its sidewalks in a reasonably safe condition for public use.</p> <p>2. It is not necessary that a sidewalk be kept in perfect repair, or with an entirely smooth surface; but whether it is reasonably safe is a question for the jury.</p> <p>3. Where a sidewalk has been left in open and notoriously bad condition for several years, the borough will be charged with notice of its condition.</p> <p>4. A municipality is presumed to know what is generally observable by people who use the walk.</p> <p>5. Where a pedestrian fifty years old without knowledge of the condition of a walk, and who does not know that bricks therein would give way under her feet, steps upon a defective brick, not obviously dangerous, and is injured, she cannot be charged as a matter of law with contributory negligence.</p> <p>Negligence — Practice, C. P. — Amendment—Cause of action.</p> <p>6. In a negligence case against a borough for personal injuries caused by a fall on a defective sidewalk^ the plaintiff may amend her statement after the two-year statute of limitation has run so as to aver a brick in place of a stone as the object with which her foot came in contact.</p> <p>Negligence — Boroughs—Defective sidewalk — Evidence —Photographs.</p> <p>7. In a case against a borough for personal injuries resulting from a fall on a defective sidewalk, plaintiff may show by photographs the condition of the walk, especially as bearing upon the subject of notice, and she is not limited to the one particular brick upon which she stepped.</p> <p>Appeals — Reasons of opinion — Refusing judgment n. o. v. — Refusal to grant nonsuit — Not assignable for error.</p> <p>8. The reasons in an opinion refusing a motion for judgment n. o. v. are not assigna