Fleming v. Wilmerding Borough

Citations

• 223 Pa. 295
• 72 A. 624
• 1909 Pa. LEXIS 526

Syllabus

<p>Negligence — Boroughs—Defective sidewalks — Point for charge.</p> <p>1. It is reversible error for a trial court to affirm without qualification a point for charge as follows: “If evidence be given, though conflicting, against a borough, for injuries for falling upon a defective sidewalk, and that there were loose or rotten planks observable to the passer-by, which defects had been so existing for several weeks, this is sufficient evidence of knowledge on the part of the borough.” In such a case it is for the jury to determine from the conflicting evidence whether the sidewalk was defective, and if so, whether the defect was of such character, and had existed for a sufficient length of time to charge the borough with constructive notice.</p> <p>2. It is the duty of a municipal corporation, having the exclusive care and control of its streets, to see that they are kept in a condition that is safe for the passage of persons and property and if that plain duty is neglected, and thereby an injury results to anyone, the borough is primarily liable to the injured party. In such case, the municipality is not relieved from liability because it notified the owner of the sidewalk to remove the defect.</p>