Kennedy v. City of Williamsport

Citations

• 11 Pa. Super. 91
• 1899 Pa. Super. LEXIS 110

Syllabus

<p>Municipal liability — Defective highway — Burden of proof.</p> <p>The character of a road as a public highway when collaterally raised, as in an action for its negligent maintenance, is sufficiently shown, so as to shift the burden of proof, by the facts that it has been opened, and that the public has been permitted or invited to use it for travel.</p> <p>When the plaintiff has made out a prima facie case by direct oral testimony that a road and bridge were a public highway within a city, and for the proper construction and maintenance of which the city assumed liability, the burden of proof is shifted to the defendant.</p> <p>Safety of bridge — Negligence—Question for jury.</p> <p>Whether a city bridge on which a foot passenger was injured was properly constructed and guarded is a question of fact for the jury.</p>