Fee v. Columbus Borough

Citations

• 168 Pa. 382
• 31 A. 1076
• 1895 Pa. LEXIS 807

Syllabus

<p>Negligence — Contributory negligence — Boroughs—Defective Sidewalk-Evidence — Question for jury.</p> <p>In ap action of trespass against a borough 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 loose planks, and that the sidewalk had been in a defective condition for several months.</p> <p>In such a case, where there was evidence that plaintiff had previously passed over the walk frequently, it was not error for the court to charge that whether plaintiff ought to have noticed its dangerous condition is for the jury; “ she was not bound to the exercise of extraordinary care; but she was bound to use such care as a person of ordinary prudence, situated as she was, under like circumstances would use, and if she neglected that, it would be negligence.”</p>