Hincken v. Beechview Borough

Citations

• 50 Pa. Super. 540
• 1912 Pa. Super. LEXIS 92

Syllabus

<p>Negligence — Boroughs—Defective sidewalk — Contributory negligence.</p> <p>In an action by a woman against a borough to recover damages for personal injuries sustained by a fall on an alleged defective sidewalk, a verdict and judgment for plaintiff cannot be sustained, where the evidence shows that several weeks before the accident a section of a boardwalk which covered the sidewalk had been removed; that the plaintiff had been over the place five times before; that the accident happened in broad daylight on a sunshiny afternoon; that plaintiff’s view was unobstructed; that on the morning of the accident the ice and snow which had previously covered the ground had thawed, rendering the ground slippery; but that the place was not essentially and continuously dangerous. In such a case, the plaintiff’s contributory negligence prevents her recovery.</p>