Goff v. City of Philadelphia

Citations

• 214 Pa. 172
• 63 A. 431
• 1906 Pa. LEXIS 619

Syllabus

<p>Negligence — Municipalities—Streets—Sidewalks—Contributory negligence —Province of court and jury.</p> <p>In an action against a city by a. woman fifty-two years old to recover damages for personal injuries sustained by a fall on a sidewa-lk, it appeared that one week prior to the accident a plumber employed by the owner of the property in front of which plaintiff fell dug a trench- across the sidewalk. One, if not more of the witnesses, testified positively that the ditch was left unfilled and was not rammed, and that the pavement was not relaid. Other witnesses for the plaintiff did not support this testimony: One witness at least noticed the depression into* which plaintiff fell and that it had been in the same condition since the plumber left it the. week before. It appeared that the night was dark, that there was no light near the place and the. plaintiff had no prior knowledge of the condition of the sidewalk. Plaintiff testified that she was walking carefully and looking ahead as she proceeded. Held, (I) that the conflict among the plaintiff’s witnesses as to the condition of the- trench did not take the case from the jury; (2) that the question of the city’s constructive notice was for the jury; and (3) that the question of plaintiff’s contributory negligence was for the jury.</p>