Patterson v. Philadelphia

Citations

• 56 Pa. Super. 651
• 1914 Pa. Super. LEXIS 139

Syllabus

<p>Negligence — Municipalities—Slippery sidewalk — Contributory negligence — Evidence.</p> <p>1. A person who falls on a slippery sidewalk and is injured, cannot be charged with contributory negligence, where the evidence shows that at the place where the accident occurred there was a deposit of grease or soap on the bricks of the sidewalk for a space of about three feet resulting from the discharge of soapy, slimy water and grease from an alley, that this condition had continued for a long time, that the person injured had never passed through the street before, and that he looked and saw the water, but did not see the condition of the bricks beneath it.</p> <p>2. If the testimony of a plaintiff in an accident case discloses exercise of care, the inconsistent testimony of another of Ms own witnesses is not sufficient to justify the court in setting aside a verdict for plaintiff and entering judgment n. o. v. for the defendant.</p>