Smith v. Shamokin Borough

Citations

• 268 Pa. 170
• 110 A. 640
• 1920 Pa. LEXIS 646

Syllabus

<p>Negligence — Boroughs—Defect in street — Icy pavement — Contributory negligence — Alternative safer way — Testing danger.</p> <p>1. In an action against a borough to recover for personal injuries sustained by a fall on a defective pavement, the plaintiff is guilty of contributory negligence, and cannot recover, where the evidence shows that he knew the manifestly dangerous condition of the street at the point where he fell, and that he could have used a safer way, which was but a few steps from where he traveled.</p>