Smith v. Borough of East Mauch Chunk

Citations

• 3 Pa. Super. 495
• 1897 Pa. Super. LEXIS 49

Syllabus

<p>Negligence — Requisite care of city streets — Municipal law.</p> <p>Persons using municipal streets and sidewalks of a borough at the present day are entitled to have them kept in such order and repair as to be safely used, and it is the duty of the proper officials of a borough ta see that this duty to the public is performed so that persons may travel the streets without danger to life or limb.</p> <p>Damages — Measure of — Injury from, defective sidewalk.</p> <p>The jury were correctly instructed, in case of injury resulting from a defective sidewalk that in estimating damages, they should allow, not only for the direct expenses incurred by the plaintiff by reason of the injury, but also for the privation and inconvenience she is subjected to, and for the pain and suffering, bodily and mental, which she experienced, and is likely to experience, as well as for the pecuniary loss she has sustained and is likely to sustain during the remainder of her life, by reason of such injuries.</p> <p>Negligence — Municipal law— Sidewalk — Question for jury.</p> <p>There being evidence tending to show that a wooden sidewalk in a borough street was, and had been for some time rotten, and that plaintiff’s injury resulted therefrom, and that the chief burgess had actual knowledge of the condition of the sidewalk, there was sufficient evidence on the question of negligence and notice to carry the case to the jury.</p> <p>Refusal of new trial — Excessive verdict — Misconduct of juror — Review.</p> <p>The amount of a verdict and the alleged misconduct of a juror were proper questions for review in the court below on a rule for a new trial, and the question having been considered after evidence taken and the rule discharged for good and sufficient reasons, the verdict will not be disturbed by the appellate court.</p> <p>Negligence — Husband and wife — Disclaimer by husband — Measure of damages.</p> <p>In a suit by husband and wife for injuries to the wife where the husband files a