Nicholson v. Philadelphia

Citations

• 194 Pa. 460
• 45 A. 375
• 1900 Pa. LEXIS 418

Syllabus

<p>Negligence — Municipalities—Defective pavement — Contributory negligence — Province of court and jury.</p> <p>In an action against a city to recover damages for personal injuries sustained by a fall on a defective sidewalk, a verdict and judgment for plaintiff will be sustained where the evidence shows that the plaintiff at the time of the accident was incumbered with various articles in her hands and arms; that the pavement at the point of the accident was out of repair, but that its real condition was not apparent to a pedestrian until it was reached ; that this condition of the pavement had continued for a number of weeks without any reported accident having occurred, and that the police officers had frequently reported its condition to the city officials whose duty it was to keep the pavement in repair.</p>