McIlhenney v. Philadelphia

Citations

• 214 Pa. 44
• 63 A. 368
• 1906 Pa. LEXIS 594

Syllabus

<p>Negligence — Municipalities—Streets—Contributory negligence.</p> <p>Pedestrians in going from one side of a street to the other are not confined to the regular crossings at the intersections, but may cross at any point according to their convenience. But in so doing they are bound to exercise care according to the circumstances, and especially bound to the alert and watchful performance of the duty of all travelers on all highways to look where they are going.</p> <p>In an action by a woman against a city to recover damages for personal injuries sustained by tripping and falling over a curbstone which projected two or three inches above the pavement, plaintiff cannot recover where the evidence of the plaintiff herself shows that she crossed the street at the point where she fell, in such an inattentive and heedless manner that the accident was the result of her own negligence.</p>