Payne v. West Chester Borough

Citations

• 273 Pa. 570
• 117 A. 335
• 1922 Pa. LEXIS 619

Syllabus

<p>Negligence — Borough—Bridge—Defective barrier — Contributory negligence — N oncuit.</p> <p>1. It is the duty of a pedestrian upon a public street to look where he is going.</p> <p>2. A nonsuit is properly entered in a suit by a pedestrian against a borough, where it appears plaintiff, a cripple, and at the time burdened with parcels, was using a bridge as a waiting place rather than a highway, after leaving the cartway on the approach to the bridge with which he was unfamiliar, walked on to a grass plot which extended to the edge of the bridge, and, stumbling, fell over a defective barrier, which he could have plainly seen, if he had looked, and was injured.</p>