Decker v. East Washington Borough

Citations

• 21 Pa. Super. 211
• 1902 Pa. Super. LEXIS 340

Syllabus

<p>Negligence — Boroughs—Defective sidewalk — Contributory negligence.</p> <p>In an action against a borough to recover damages for personal injuries, it appeared that at the point where the accident occurred, a sidewalk about four feet wide ran along the south side of a street several feet below the roadway. This walk, guarded by a rail on the south side, was built of wood and rested on the side of the street embankment and on posts. Prior to the accident the borough authorities in excavating for a culvert had removed a part of the sidewalk, but had laid planks across the cut. Plaintiff lived about a block from the locality and was familiar with the fact that work was in progress at the culvert. He had within a week before the date of his injury passed over the sidewalk. In returning to his home on the night when he was injured, which was a very dark night, he proceeded by the sidewalk, and when about thirty-five feet from the point of accident he observed that a street light located near the point of danger was not lighted. He went further along the walk and came to a pile of dirt of which he had knowledge, which had washed down from the embankment against which the walk rested. He endeavored to pass this dirt by stepping around it. He put his hand out to the guard rail without looking to see that the rail was there. He had seen a guard rail in place a week before. The rail, however, was gone, and he fell from the walk and was injured. Held, that plaintiff was guilty of contributory negligence, and was not entitled to recover.</p>