Gaughens v. Lower Merion Township

Citations

• 46 Pa. Super. 63
• 1911 Pa. Super. LEXIS 228

Syllabus

<p>Negligence — Townships of the first class — Sidewalk—Ice—Constructive notice — Contributory negligence — Case for jury.</p> <p>1. Where a township of the first class, in pursuance of the Act of April 22, 1905, P. L. 283, constructs a sidewalk on a turnpike road with the written consent of the turnpike company, and subsequently permits ice to accumulate negligently on the sidewalk, and a pedestrian is injured thereby, the township is liable in damages, if the pedestrian has not been guilty of contributory negligence.</p> <p>2. If in such a case the evidence shows that the negligent condition of the sidewalk had continued for a long time, and that the cartway was rough, icy and dangerous to walk upon, the question of the township’s negligence and the pedestrian’s contributory negligence, is for the jury.</p>