Johnston v. Wheatland Borough

Citations

• 69 Pa. Super. 172
• 1918 Pa. Super. LEXIS 351

Syllabus

<p>Negligence — Boroughs—Defect in side path — Contributory negligence.</p> <p>In an action by a woman against a borough to recover damages for personal injuries sustained by falling into a hole or ditch in a cinder side-path of a street, the plaintiff will not be entitled to recover where it appears that she knew of the hole, having frequently passed it, that she walked over the unlighted path in the dark, without a light, and that she could have avoided the accident if she had kept closer to a fence which bounded the path on the inside, or had walked in the roadway, which was practically on a level with the path.</p>