Milton v. Philadelphia

Citations

• 229 Pa. 174
• 78 A. 92
• 1910 Pa. LEXIS 567

Syllabus

<p>Negligence — Sidewalk—Defective covering — Finding of referee.</p> <p>In. an action of trespass for personal injuries against a city, charging negligence in suffering a pavement to become unsafe and in not properly guarding a hole in the sidewalk, tried before a referee without a jury, a finding for the plaintiff by the referee will be sustained where the evidence strongly tends to show that the hole, an old coal chute, occupied nearly half the width of the sidewalk and was in the direct line of travel at a point where the street was not well lighted, that it was covered by an ordinary house door, loosely thrown over it a year or two before the accident, which had become so rotten that when the plaintiff stepped thereon it broke with her weight and injured her,' that a policeman had marked the spot with a red light and that its condition was known to policemen and neighbors a long time prior to the accident.</p>