Merriman v. Phillipsburg Borough

Citations

• 158 Pa. 78
• 33 W.N.C. 214
• 28 A. 122
• 1893 Pa. LEXIS 1545

Syllabus

<p>Negligence — Contributory negligence — Questionfor jury.</p> <p>In an action to recover damages for personal injuries, whether plaintiff was or was not guilty of negligence which contributed to the injury must be inferred from all the facts and circumstances disclosed by the testimony ; and such inferences of fact are for the jury, and not for the court.</p> <p>In an action for personal injuries against a borough it appeared that plaintiff was injured by falling from a bridge which was not protected by a guard rail. The accident occurred on a darlt night. Plaintiff and her sister, provided with an oil lamp, -were crossing the bridge, when plaintiff stepped over the side of the bridge and was injured. Plaintiff was familiar with the bridge, and had crossed it several times in the daytime. Held, that the question of plaintiff’s contributory negligence was for the jury.</p>