Nolan v. Pittsburgh

Citations

• 272 Pa. 217
• 116 A. 157
• 1922 Pa. LEXIS 804

Syllabus

<p>Negligence — Municipality—Sidewalk — Ice and snow — Knowledge of unsafe condition — Contributory negligence — Choice of two ways.</p> <p>1. Where a woman has knowledge of the rough surface of an unpaved portion of a sidewalk, and, in walking along the sidewalk in broad daylight, at a time when it is covered with ice and snow, steps from the smooth even pavement to the portion she knew was rough, she does so at her own risk, and if she falls and is injured, she cannot hold the municipality liable; and especially is this so where it appears that she could have used the car tracks in the centre of the street which were clear of ice and snow and used by many pedestrians.</p> <p>2. Under the facts of this case defendant was not guilty of negligence.</p>