Shaw v. Philadelphia

Citations

• 159 Pa. 487
• 28 A. 354
• 1894 Pa. LEXIS 874

Syllabus

<p>Negligence — Contributory negligence — Streets—Municipalities.</p> <p>In an action against a city to recover damages for personal injuries, it is proper to submit the case to the jury where the evidence for plaintiff tends to show that plaintiff was thrown from a wagon in which he was riding, by reason of the wheels of the wagon sinking into a deep rut in the street, and that the rut had been allowed to continue in the street for over a year.</p> <p>That plaintiff knew of the condition of the street before he undertook to ride over it is not such contributory negligence as will prevent his recovery, where no other street was open for him to take.</p>