Levine v. City of Pittsburgh

Citations

• 252 Pa. 181
• 97 A. 392
• 1916 Pa. LEXIS 590

Syllabus

<p>Negligence — Municipalities—City street — Bridge — Projecting beam — Dangerous passageway — Vehicle driver — Contributory negligence.</p> <p>1. It is the duty of a city to construct and maintain its public highways so they shall be reasonably safe and convenient for ordinary use and travel. In performing this duty it is bound to use ordinary care and diligence, but is not bound to provide against the possibility of an accident, nor would a mere error in judgment in laying out the way or adopting the plan be negligence.</p> <p>2. The general rule that a municipal corporation is not liable for injuries caused by its works constructed upon a faulty plan does not exempt it from liability if that plan leaves the streets in an unsafe condition for public use.</p> <p>3. In an action against a municipality to recover damages for personal injuries sustained by plaintiff by being struck by a projecting beam of a bridge while plaintiff was driving from the high front seat of a wagon, the case was for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that plaintiff was unfamiliar with the locality; that as he was turning from one street into another which ran parallel to and partly beneath the bridge he saw the bridge but could not distinguish very well what was under it, that after making the turn the horse had taken a few steps when plaintiff saw the beam too late to avoid being struck by it.</p>