Rotsell v. Borough of Warren

Citations

• 10 Pa. Super. 283
• 1899 Pa. Super. LEXIS 273

Syllabus

<p>Negligence — Municipal law — Defective sidewalk — Gause of action.</p> <p>It is the duty of the municipality to require abutting property owners to construct and maintain a reasonably safe sidewalk, but where a concrete pavement ends abruptly the borough in adopting, in good faith, and in the use of best judgment, the best plan to remove the obstruction is not to be held liable for error of judgment in devising its remedial structure.</p> <p>Negligence — Jury not permitted to infer cause of action.</p> <p>Where there is no evidence to disclose a cause of action the jury should not be permitted to supply additional facts and inference necessary to support a cause of action based on the alleged negligence of a borough in the care of its sidewalks.</p>