Hentz v. Borough of Somerset

Citations

• 2 Pa. Super. 225
• 1896 Pa. Super. LEXIS 43

Syllabus

<p>Contributory negligence — Sidewalk—Care demanded of foot passenger.</p> <p>The reasonable care which the law exacts requires travelers on the foot-ways of public streets to look where they are going, especially when they are about to step upon the crossing of an intersecting street where they are bound to expect that the continuity, if not the level, of the pavement will be broken.</p> <p>The plaintiff’s evidence disclosed a patent defect in a board crossing at the intersection of a street known to plaintiff and which had been there for at least a year. The plaintiff was accustomed to pass this crossing constantly, and while doing so one night without paying any attention to her going stumbled, fell and was injured. Held, that the evidence disclosed contributory negligence and that the defendant was entitled to binding instructions.</p>