McIntyre v. City of Pittsburgh

Citations

• 238 Pa. 524
• 86 A. 300
• 1913 Pa. LEXIS 1002

Syllabus

<p>Negligence — Municipalities—Streets and highways — Steps— Plan of construction.</p> <p>1. In an action against a city to recover damages for personal injuries sustained by the plaintiff while descending a flight of steps constructed and maintained on the side of a hill by the city for the use of pedestrians, the negligence charged being that the construction of the steps was too steep and narrow for safety, the jury should not be permitted to say that the judgment and discretion vested in the city authorities in connection with public thoroughfares was not properly exercised in the adoption of the plan under which the steps were constructed, where it is not shown that the method of construction was unusual or that it differed from the ordinary plan found in such localities and there is an absence of evidence as to the conditions on the ground and as to the requirements for the public service at that place.</p> <p>Evidence — Measurements—\Guesses\ or \belief.\</p> <p>2. Where the matter of measurement is important, the “guesses” or “belief” of a witness cannot be accepted as against the sworn statement of competent witnesses who give the results of actual measurements.</p>