Smith v. City of New Castle

Citations

• 178 Pa. 298
• 35 A. 973
• 1896 Pa. LEXIS 1168

Syllabus

<p>Negligence — Municipalities—Defective street — Evidence.</p> <p>One who undertakes to use a public street, knowing that is is unsafe, and knowing the defects which make it so, but not choosing to avoid them, although he could do so by taking another road, cannot recover against the municipality .for ah injury resulting from such defects. With the person having the knowledge of the defects, the choice of the unsafe way is an act of negligence which contributes to the injury and thereby prevents a recovery.</p> <p>In an action against a city to recover damages for personal injuries caused by a defect in a street of which there was ample evidence, plaintiff testified that she had been living in the city only about four days before the accident; that she had passed along the street on the west side several times, but not on the east side where there was a hole, and that she had never seen the hole or had any knowledge or information concerning it; and that the accident occurred on a dark night. Held, that it was error to enter, and refuse to take off, a compulsory nonsuit. Del.. Lack. & West. R. R. v. Cadow, 120 Pa. 559, explained and distinguished.</p>