Holbert v. Philadelphia

Citations

• 221 Pa. 266
• 70 A. 746
• 1908 Pa. LEXIS 477

Syllabus

<p>Negligence — Municipalities—Sidewalk—Accumulations of ice and snow —Contributory negligence — Evidence—Case for jury.</p> <p>A municipality is not liable for injuries resulting from the general slipperiness of its streets or its sidewalks occasioned by a recent precipitation and freezing of rain or snow. Persons who undertake to pass over the sidewalks of a street made unsafe or dangerous by the freezing of recent falls of rain or snow know their condition and assume the risk, and if they fall by reason of the smoothness of the ice, the law imposes no liability upon the city.</p> <p>While a municipality is not responsible for the general slippery condition of its sidewalks caused by the recent falling or freezing of rain or snow, yet the rule does not extend so far as to protect the city from liability for injuries caused to a person by slipping on ice in-a street or sidewalk where it has accumulated by reason of a defect in a street or walk or by reason of the neglect to construct and maintain suitable drains to carry off the water.</p> <p>It is the duty of a municipality to keep its streets, including its sidewalks, in a reasonably safe condition so that pedestrians using the sidewalks and exercising care may do so with safety. A sidewalk may be made defective or dangerous by the accumulation of ice or snow as well as in other ways and by other means. The municipality, however, is not responsible unless the defective condition of the walk is attributable to its negligence.</p> <p>The liability for injuries resulting from the accumulation of ice on a pavement is not confined to cases where the accumulation has resulted in hills or ridges.</p> <p>The accumulation of ridges and hills in ice may cause a pavement to be dangerous and convict the city of negligence, but the city is equally responsible if the sidewalk is made dangerous to public travel by reason of any accumulation of ice and snow caused by the negligence of the city. In other words, if an injury resul