Murdaugh v. Oxford Borough

Citations

• 214 Pa. 384
• 63 A. 696
• 1906 Pa. LEXIS 667

Syllabus

<p>Negligence — Boroughs—Defect in sidewalk — Notice—Nonsuit.</p> <p>In an action against a borough to recover damages for personal injuries caused by a defect in the cover of a gutter, a nonsuit is properly entered where it appears that the defect in the cover was not structural nor apparent to persons using the pavement; that no one had seen the defect when the cover was in ordinary use; that the borough had no actual notice of it, and there was nothing in the case from which notice to the borough could be imputed.</p> <p>Borough authorities are not required to seek for defects in sidewalks, but only to be vigilant to observe them by the exercise of reasonable supervision.</p>