Johnson v. Philadelphia

Citations

• 208 Pa. 182
• 57 A. 363
• 1904 Pa. LEXIS 724

Syllabus

<p>Negligence — Municipalities—Defective sidewalk — Province of court and jury.</p> <p>In an action against a city by a woman to recover damages for personal injuries sustained by falling in a hole in a sidewalk, it appeared that the accident happened on a dark night, and that the hole in question was eighteen inches deep. The pavement had been in a dangerous condition for six months prior to the accident. The street had been regularly laid out on the city plan, and had been used by the public for several years. A part of the sidewalk in the square where the accident occurred had been paved with cement, but beyond the cement was a cinder walk in which was the hole in question. Plaintiff testified that she was entirely ignorant of the condition of the sidewalk; that from her house she could see the cement pavement, and thought it extended the whole length of the square. She stated that at the time of the accident she was walking carefully with no knowledge of the danger ahead® A building operation was going on in the street, but there was nothing to connect the building operation with the condition of the pavement. Held, that the case was for the jury, and that the court could not say as a matter of law that plaintiff was guilty of contributory negligence.</p>