Evans v. Philadelphia

Citations

• 205 Pa. 193
• 54 A. 775
• 1903 Pa. LEXIS 546

Syllabus

<p>Negligence — Municipalities—Ice covered sidewalk.</p> <p>It is not the law that a resident in a city must remain continuously on his property when the cilyr grossly neglects the repair of its streets, under pain that if he ventures on the streets, or walks and suffers injury from the city’s fault, he can recover nothing.</p> <p>A housewife who goes to her grocer for provisions for her family cannot be charged as a matter of law with contributory negligence in keeping on an ice ridged pavement on which she falls, where the evidence shows that ice was around and about her on every side, and that she could not have reached the store without passing over ice, and without encountering the same danger that was before her on the sidewalk. In such a case, the question of contributory negligence is for the jury.</p>