Dunn v. West View Borough

Citations

• 70 Pa. Super. 228
• 1918 Pa. Super. LEXIS 217

Syllabus

<p>Negligence — Borough—Defective sidewalk — Contributory negligence — Case for jury.</p> <p>In an action by a woman fifty-six years old against a borough to recover damages for personal injuries suffered by a fall on a defective plank sidewalk, the question of defendant’s negligence and plaintiff’s contributory negligence is for the jury, where the evidence tends to show that at the time of the accident plaintiff was carrying a bucket filled with eggs; that she had not used the sidewalk for two or three years before the accident; that the sidewalk was apparently safe until stepped upon; that the break was an old one as indicated by a fracture; that many pedestrians had noticed the defect a number of times; that there had been no change in its condition for several months; and that the accident happened at about eleven o’clock in the forenoon on a day in June.</p>