Kirshner v. Philadelphia

Citations

• 75 Pa. Super. 231
• 1920 Pa. Super. LEXIS 257

Syllabus

<p>Negligence — Municipalities—Sidewalks—Obvious defects — Failure to observe — Burden of proof — Contributory negligence.</p> <p>In an action by a pedestrian against a city to recover for personal injuries, sustained by stepping on an iron cover over a sewer inlet, judgment is properly entered for the defendant where it appeared that the accident occurred in broad daylight, that the plaintiff was familiar with the location and that he admitted that he had not looked at the inlet-cover as he stepped on it, and there was also evidence that the cover was tilted on one side, which the plaintiff could have seen if he had looked.</p>