Leisenring v. Nanticoke Borough

Citations

• 33 Pa. Super. 305
• 1907 Pa. Super. LEXIS 287

Syllabus

<p>Negligence — Boroughs—Sidewalk—Icy condition of .street.</p> <p>In an action against a borough to recover damages for personal injuries by a fall on the ice in a street, there was evidence that ice had been allowed to form in a hollow or depression in the sidewalk where' it had been allowed to continue for a long time, and that the plaintiff slipped at this place. The court refused binding instructions for defendant. Defendant presented this point: “If the jury believes that plaintiff’s fall was caused by the general slippery condition of the sidewalk there can be no recovery against the defendant in this action.” The'court answered the point as follows: “Standing as it does there we will have to negative that point.” A verdict was found for plaintiff. The court subsequently denied a motion for judgment for defendant non obstante veredicto. On appeal the judges who heard the argument were equally divided in opinion, and the judgment was affirmed.</p>