Miller v. Montgomery Borough

Citations

• 39 Pa. Super. 597
• 1909 Pa. Super. LEXIS 542

Syllabus

<p>Negligence — Boroughs—Sidewalks—Contributory negligence — Case for jury.</p> <p>1. A traveler’s previous knowledge of a defect in a highway whereby he is injured is not of itself sufficient, as a matter of law, to prevent his recovering on the ground of contributory negligence. If the evidence shows that the street can be used by the exercise of reasonable care, notwithstanding the defect, it is for the jury to determine whether the injured party performed the duty required of him under the circumstances.</p> <p>2. Where a borough had cut away a section of a sidewalk so as to create a drop of nine inches and had converted the drop into a slope by inserting a plank at an angle in the intervening space, and the plank had become loosened, occasioning an injury to a person passing over it, such person is entitled to have his case against the borough go to the jury, although he may have had previous knowledge of the cut, but no knowledge of the loosening of the plank.</p>