Eigenbrodt v. Williamsport

Citations

• 44 Pa. Super. 437
• 1910 Pa. Super. LEXIS 191

Syllabus

<p>Negligence — Municipalities—Defect in street — Province of court and jury.</p> <p>1. In an action against a city to recover damages for personal injuries alleged to have been caused by a fall on a defective sidewalk, the plaintiff is not entitled to have the case submitted to the jury where the evidence shows, that although there was an abrupt descent in the sidewalk at or near where plaintiff fell, yet there was no evidence that the plaintiff had entered upon the descent, or that the abruptness of the slope had been the cause of the accident.</p> <p>2. Inferences must be based on facts proved, and not on mere presumptions.</p>