Pugh v. Borough of Springdale

Citations

• 238 Pa. 361
• 86 A. 189
• 1913 Pa. LEXIS 973

Syllabus

<p>Negligence — Boroughs—Sidewalks in country towns — Constructive notice.</p> <p>1. Irregularities in a sidewalk which might be negligence in a crowded thoroughfare in a city might not be negligence in a street of a country town, and in an action against a borough to recover damages for personal injuries alleged to have been caused by a defective sidewalk, it is not error for the court to instruct the jury that the defendant must exercise such care “as would ordinarily be exercised in country towns such as this one was.”</p> <p>2. In an action against a borough to recover damages for personal injuries alleged to have been caused by a defect in a sidewalk, the case is for the jury and a verdict for the plaintiff will be sustained where plaintiff’s evidence tended to show that the defect consisted of a rut four or five inches deep and from four to seven inches in width extending across a cinder pavement, that it had existed for several months, and that the accident happened on a dark night; and there was no evidence which would justify a finding that the plaintiff was not using due care at the time the accident occurred.</p>