Mosier v. East Stroudsburg Borough

Citations

• 53 Pa. Super. 377
• 1913 Pa. Super. LEXIS 183

Syllabus

<p>Negligence — Boroughs—Sidewalks—Obstruction of sidewalk during repairs — Notice.</p> <p>1. When a sidewalk has become worn out it is the duty of the abutting owner to replace it with a new one, and while the new pavement is being constructed he has the right to erect barriers to exclude the public from intrusion upon the work until the new pavement is fit for use. The duty of giving notice of the obstruction by setting up lights so that persons may not fall over the obstruction during the nighttime is upon the person doing the work, presumably the abutting owner. The municipality in which the sidewalk is situated is not liable for the neglect of the owner unless the neglect is continued for such a length of time that notice of it can be implied.</p> <p>2. Where the owner in constructing a new concrete sidewalk in a borough places a wire netting at one end thereof at night to exclude the public, and places a lighted lantern in such a position as to show the netting, a person who falls over the netting at night and is injured cannot recover damages from the borough, where the evidence shows that the lantern was lighted and in proper position within an hour before the accident, although at the time of the accident the light had gone out.</p>