Johnstin v. McKeesport

Citations

• 216 Pa. 633
• 65 A. 1114
• 1907 Pa. LEXIS 881

Syllabus

<p>Negligence — Municipalities—Defective stairway — Streets—Master and servant.</p> <p>In an action against a city to recover damages for personal injuries, it appeared that the plaintiff was employed at one of the city’s pumping stations. His injuries were caused by a fall on a defective stairway which he alleged was on the premises of the pumping station, and which the city should have therefore kept in repair. There was no evidence that the city had constructed the stairway, or that it was a part of the pumping station. It did appear that the employees at the station used the stairway going and coming from their work, but it also appeared that it was not necessary for them to use it, that there were other and safer ways, and that the plaintiff himself used other ways half of his time in going to and returning from his work. There was affirmative evidence that the stairway had been built by a former chief engineer of the city for his own particular use, without any authority or instructions from the city, and without any contribution by it of money or material. The stairway in question was on the line of a street laid out on a private plan of lots, but there was no evidence that the city had in any way ever accepted the street. Held, that the city was not liable for plaintiff’s injuries.</p>