Musselman v. Hatfield Borough

Citations

• 202 Pa. 489
• 52 A. 15
• 1902 Pa. LEXIS 552

Syllabus

<p>Negligence — Borough—Bidewalk—Contributory negligence.</p> <p>A municipality must provide reasonably safe ways for the public, night and day; the citizen must only exercise reasonable care in their use.</p> <p>In an action by a woman against a borough to recover damages for personal injuries caused by a fall at a defective point in a sidewalk, the case is for the jury where the evidence shows that the accident occurred on a dark and stormy night; that the plaintiff at the time had one small child by the hand, while another preceded her; that plaintiff knew of the break on the side of the sidewalk, and was watching for it, but on account of the darkness did not see it, and that she could have readied her home by going around on a macadamized road with no sidewalks.</p>