Eichenhofer v. Philadelphia

Citations

• 248 Pa. 365
• 93 A. 1065
• 1915 Pa. LEXIS 580

Syllabus

<p>Negligence — Municipalities—Bridges—Child playing on bridge —Death—Improper design — Non-expert witnesses as to design— Harmless error — Evidence—Postal cards — Admissibility — Case for jury.</p> <p>1. A bridge is a part of a highway and as such the duty of keeping it in reasonably safe condition for travel is as imperative as the duties connected with other parts of the highway, and the question whether, under the circumstances of a particular case, a distinct part of the highway is properly constructed and guarded is generally for the jury.</p> <p>2. The rule that where the proper authorities of a municipality, in the exercise of their discretion, have adopted a specially designed structure as being suitable for a designated location, a jury cannot be permitted to say that their discretion was improperly exercised, is subject to the exception that, if the facts of the case justify it, a jury may decide whether or not the plan on which the structure was built was so defective as to make its adoption an act of negligence.</p> <p>3. The tendency of children in playing to dart suddenly from one side of the street to the other is so natural and well known that a municipality in maintaining a bridge much used, by children is bound to anticipate and guard against a probable misstep or stumble by a child and provide such safe guard as would reasonably prevent a fall from the bridge.</p> <p>4. In an action to recover damages for the death of plaintiff’s 9 year old son, caused by his fall, while at play on a bridge, through a twenty-two inch opening between the lower guard rail thereof, and the cap- log which extended along the outer edge of the planking of the roadway, the case was properly submitted to the jury where it appeared that the bridge was part of a highway maintained by defendant municipality, that it was used daily by more than two thousand persons, many of whom were children, and that it was the only bridge in the locality not guarded in such a manner that