Haughney v. Mahanoy City Borough

Citations

• 264 Pa. 482
• 107 A. 843
• 1919 Pa. LEXIS 681

Syllabus

<p>Negligence — Boroughs—Creek in middle of street — Safer route— Failure to look — Contributory negligence — Province of court.</p> <p>Although, a borough may be grossly negligent in failing to maintain guards along a creek, which flows through the middle of a street, yet a woman pedestrian cannot recover damages from the borough for injuries sustained by falling into the creek on a dark night, where it appears that she was familiar with the street, that she had three other routes safer and better lighted which she might have taken, and that she testifies that she did not look to see where she was going, that she knew of the open stream in the, middle of the street, but that she did not look for it.</p>