McHugh v. Kerr

Citations

• 208 Pa. 225
• 57 A. 520
• 1904 Pa. LEXIS 732

Syllabus

<p>Negligence — Defective sidewalk — Cellarway andpavement — Contributory negligence.</p> <p>In an action against a property owner to recover damages for personal injuries, it appeared that plaintiff was injured by falling into a cellarway in a pavement in front of defendant’s building. The steps of the cellar-way were at right angles to the building. The cellarway was five feet three inches long and three feet eight inches in width. There was no guard rail on the south side of it, but there was a stone seven or eight inches high at the building, and sloping down to a level with the pavement at the entrance of the cellarway. On the south side of the building was a covered driveway, and the plaintiff in walking out from this driveway turned towards the open cellarway and fell into it. The evidence showed that plaintiff had frequently driven in and out of the driveway, but had never gone in or out on foot until the day he was injured. The wagon which he drove was a covered one. He testified that he was not familiar with the cellarway. He stated that when he emerged from the driveway he saw a crowd of people through which he would have to pass, or which he would have to join. He turned and fell into the eellarway. Held, that the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury and that a verdict and judgment for plaintiff should be sustained.</p>