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· 4/17/1922

McGowan v. City of Coatesville

Citations

  • 79 Pa. Super. 255
  • 1922 Pa. Super. LEXIS 226

Syllabus

<p>Negligence — Municipalities—Defective sidewalks — 8ewer—Gov-erings — Case for jury.</p> <p>In an action of trespass to recover damages for personal injuries it appeared that the plaintiff was injured by stepping on a metal plate forming the covering of a sewer intake, which tilted, causing him to fall. Evidence was produced that the construction failed to provide any support to the plate to prevent its tipping, when stepped upon next to the sidewalk; that it was of such appearance and was so located that pedestrians in the proper use of the street were likely to step upon it, and that it had been frequently displaced at various intervals sometime prior to the accident.</p> <p>Under such circumstances, the case was for the jury and a verdict for the plaintiff will be sustained.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Pee, Porter, Trexler

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