Dutton v. Borough of Lansdowne

Citations

• 10 Pa. Super. 204
• 1899 Pa. Super. LEXIS 260

Syllabus

<p>Negligence — Defective sidewalk — Joint liability of owner and municipality.</p> <p>An abutting landowner and the municipality are both bound to maintain the sidewalk in a safe condition and they are jointly and severally liable to third parties for neglect of this duty.</p> <p>Negligence— Contributory negligence — Boroughs—Defective sidewalk— Evidence — Question for jury.</p> <p>In an action of trespass to recover damages for personal injuries suffered from falling upon a sidewalk alleged to be defective, the case is for the jury where the evidence, though conflicting, tends to show that at the point where the accident occurred there were rotten planks, that the sidewalk had been in a defective condition for several months', and that the borough had direct notice of this condition.</p>