Ponti v. Philadelphia

Citations

• 63 Pa. Super. 428
• 1916 Pa. Super. LEXIS 182

Syllabus

<p>Negligence — Municipalities—Defective sidewalk — Dvidence'— Case for fury — Pleading—Variance.</p> <p>In an action against a municipality to recover damages for personal injuries suffered by a fall- on a sidewalk, a verdict for the plaintiff will be sustained where the evidence tends to show that the plaintiff fell into a hole one and one-half inches deep and ten inches square in a pavement constructed of concrete slabs, that she had no knowledge of the defect, and that the hole had existed for a long period before the accident. In such a case it is immaterial that a witness called by the plaintiff testified that the hole was about three-quarters of an inch deep.</p> <p>In an action to recover damages for injuries sustained by a fall on a sidewalk there is no fatal variance where the plaintiff’s statement charged “a hole” as being the defective condition of the pavement, and the proof tends to show “a depression” due to construction.</p>