Gross v. Pittsburgh

Citations

• 243 Pa. 525
• 90 A. 365
• 1914 Pa. LEXIS 656

Syllabus

<p>Negligence — Municipalities—City streets — Accumulation of ice —Constructive notice — Pedestrians—Contributory negligence.</p> <p>In an action against a city to recover damages for personal injuries sustained by plaintiff through falling upon an icy pavement on a city street on the afternoon of a December day, it appeared from the testimony that at the point where plaintiff fell there were ridges of ice extending across the paving varying from two to four inches in thickness, covered by an inch or more of snow. There was evidence in the ease, that because of the broken spout on a building in front of which the plaintiff fell ice had been accumulating on the pavément at different times throughout the winter, and several witnesses testified to having seen the pavement in such condition at various times during the season before the accident, one of them testifying to this condition as existing on the day before. Held, that whether or not the city was chargeable with constructive notice of the obstruction was a question for the jury, as was also the question of plaintifE’s contributory negligence and that a verdict for the plaintiff should be sustained.</p>