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· 3/1/1916

Green v. Philadelphia

Citations

  • 63 Pa. Super. 121
  • 1916 Pa. Super. LEXIS 117

Syllabus

<p>Negligence — Municipalities—Hole in sidewalk — Notice—Time.</p> <p>In an action against a city to recover damages for personal injuries sustained by a woman who fell into a coal hole in a sidewalk, no recovery can be had where the testimony offered by the plaintiff shows that the cover for the hole was too small and would sometimes tilt, but that the defect was one that could only be observed by a very close examination.</p> <p>To charge a municipality with constructive notice the defect must be apparent by a reasonable inspection, and a reasonable time must elapse before the city can be charged with notice, but where the defect can only be noticed .by a close inspection, the length of time it has existed becomes immaterial.</p>

Judges: Head, Henderson, Iart, Kephart, Kepi, Lady, Porter, Rice, Trexler

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