Snader v. Murphy

Citations

• 19 Pa. Super. 35
• 1902 Pa. Super. LEXIS 28

Syllabus

<p>Negligence — Sidewalk—Cellar door in sidewalk.</p> <p>A cellar door occupying two fifths of the width of the sidewalk must be regarded as so far a part of the public highway as to require the property owner to maintain it in such a condition as to be reasonably safe for such lawful use as the public may find necessary or convenient. This is particularly the case when the door is placed in front of a window so furnished as to invite the attention of passersby.</p> <p>In an action to recover damages for personal injuries resulting from a fall through a cellar door in a sidewalk, the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where the uncontradicted evidence showed repeated notice to the defendant of the defective condition of the door before the accident, and the evidence for the plaintiff tended to show that there was nothing to indicate to her that the use of the door was attended with danger.</p>