Rick v. City of Wilkes-Barre

Citations

• 9 Pa. Super. 399
• 1899 Pa. Super. LEXIS 42

Syllabus

<p>Municipal law — Defective highway — Measure of care.</p> <p>The measure of duty in the ease of municipal corporations in reference to their streets is ordinary care, and the measure of care required from those who use them is the same.</p> <p>Where a foot passenger knows of defects in sidewalk or cartway it is his duty to avoid such defects by passing around same. The question whether such cai’e is exercised, as is measured by the conduct of an ordinarily prudent person under the circumstances, generally demands the free exercise of the judgment of the jury under proper instructions from the court.</p> <p>Municipal liability for defective highway — Question for jury.</p> <p>The question whether a party, who stepped from the sidevvalk upon a grating in the cartway and slipped and fell therefrom, is guilty of contributory negligence is for the jury, and the appellate court will not disturb a verdict where the trial judge has left the questions of the city’s negligence and the plaintiff’s contributory negligence to the jury after having explained, in a clear and adequate charge, the degree of care required by each party.</p> <p>In the case at bar the city maintained an iron grating over a drain at an angle of about thirty degrees to the level of the street. The plaintiff, to avoid a slippery pavement, stepped from the sidewalk on to the grating, and fell and broke her leg. Plaintiff knew of the grating, but alleged ignorance of its dangerous character in icy weather. Held, that the question of contributory negligence was for the jury.</p>