Dwyer v. Port Allegheny Borough

Citations

• 216 Pa. 22
• 64 A. 854
• 1906 Pa. LEXIS 555

Syllabus

<p>Negligence — Boroughs—Slippery sidewalk — Contributory negligence — Evidence — Nonsuit.</p> <p>In an action against a borough to recover damages for personal injuries it appeared that the plaintiff while walking upon a slippery sidewalk in a borough fell and sustained the injuries of which he complained. The evidence showed that the accident occurred at nighttime and that the sidewalk through its whole length was in a slippery and dangerous condition for pedestrians. Of this fact the plaintiff was ignorant, as he had not previously passed along it during the winter. He, however, did know that the street itself furnished a safe way, and that the pavement on the other side was safe, and was the usual thoroughfare. The plaintiff’s testimony indicated that he realized before it was too late to retrace his steps or change his course, that danger confronted him, and that to advance further was perilous. Held, that a nonsuit was properly entered.</p>