Posey v. National Bank

Citations

• 243 Pa. 568
• 90 A. 363
• 1914 Pa. LEXIS 666

Syllabus

<p>Negligence — Sidewalk—Defective sidewalk — Knowledge of defect — Goal hole — Evidence—0ase for jury.</p> <p>1. In an action of trespass to recover damages for personal injuries sustained by plaintiff in consequence of falling into a coal hole in the pavement of the defendant company where it appeared that the lid covering the hole had tilted under plaintiff’s weight, either because the nut was lost from the pin which held the lid in place, or because it was so loosely screwed on the pin that it did not hold the lid securely, the question of defendant’s negligence was for the jury where a witness testified that in traveling upon the pavement two or three days before the accident he had stepped on the cover and it had tilted, and that he escaped injury only because he was at the time moving rapidly.</p> <p>2. In such case the court did not err in refusing to strike out the testimony of such witness on the ground that the witness was not certain as to the day, week or month upon which he had stepped upon the lid, where he testified positively without once modifying his statement, that it had occurred two or three days before the accident to the plaintiff.</p>