Martin v. Borough of Starrucco

Citations

• 71 Pa. Super. 79
• 1919 Pa. Super. LEXIS 34

Syllabus

<p>Negligence — Municipalities — Defective culvert — Contributory negligence.</p> <p>In an action by a pedestrian against a borough to recover for personal injuries sustained in a fall occasioned by a defective culvert, the question of the defendant’s negligence and the plaintiff’s contributory negligence is for the jury, where the evidence shows that at the time of the accident the plaintiff was walking along a publie road in the borough when there was deep snow upon the ground and that, while crossing a point where the road passed over a stone culvert through which water flowed, she stepped from the beaten track to avoid an approaching sleigh and her foot went through a hole between two of the stones which constituted the top of the culvert and was severely injured.</p>