MacDermott v. Philadelphia

Citations

• 235 Pa. 62
• 83 A. 606
• 1912 Pa. LEXIS 500

Syllabus

<p>Negligence — Municipalities—Obstruction of street.</p> <p>In an action by a boy thirteen years old against a city to recover damages for personal injuries, a non-suit is properly entered where it appears that the city had deposited on a street closed to traffic between the curb and a street railway track a large quantity of small stone in piles two and one-half or three feet high; that the plaintiff in attempting to cross the street diagonally climbed on one of the piles of stone that gave way beneath him so that he was precipitated under a passing trolley ear and injured; that the city had provided at least one safe crossing a short distance away; and that the evidence was insufficient to sustain a finding that a defined path had existed at the point in question for such a length of time that the city was bound to have taken notice and guarded against its dangers.</p>