Duncan v. City of Philadelphia

Citations

• 173 Pa. 550
• 34 A. 235
• 1896 Pa. LEXIS 741

Syllabus

<p>Negligence — Municipality—Defect in sidewalk.</p> <p>It is the duty of a municipality to exercise a reasonable supervision over its sidewalks; but as the first duty in relation to them rests upon the property owner, and as that of the municipality is only secondary, it is not liable for defects, without either actual or implied notice of their existence; A municipality is not obliged to seek for defects, but it must be vigilant to observe them when they become observable to an officer exercising a reasonable supervision.</p> <p>In an action against a municipality to recover damages for personae injuries suffered by plaintiff’s falling into a coal hole in a sidewalk, the evidence tended to show that the underside of the iron grate which covered the coal hole had become so worn at the edge where it rested on a stone ledge, that it slipped out of place when the plaintiff stepped on it. The ledge had also become worn, therebyincreasingthe danger of the displacement of the grate. These defects were not apparent, and could not have been seen by any one on the pavement. The grate projected half an inch above the surface of the pavement, and had on two or three occasions been displaced by passers-by who struck it with their feet, but no one had been injured. The defendant requested the court to charge that in the absence of actual or implied notice of the condition of the hole, the city was not bound to examine it in order to ascertain its condition, and that notice of its defective condition could not be implied if the defect could not be seen without removing the cover and making an examination, and that in the absence of notice the city was not bound to do this. Held, that such instruction should have been given.</p>