Sowers v. Philadelphia

Citations

• 63 Pa. Super. 227
• 1916 Pa. Super. LEXIS 142

Syllabus

<p>Negligence — Municipalities—Paries—Pathway in parle.</p> <p>A municipality is not responsible for injuries sustained by a pedestrian from a fall in a defective pathway in a public park owned by the city, where it appears that the pathway had hot been constructed by the city for the use of the public, but had been worn in the grass by certain railroad employees’ as a short cut to their work, with nothing on the ground to lead any one to believe that the pathway had been constructed for public use.</p> <p>Where a person walks along such a pathway in the night time, when it is very dark, without any knowledge .of the path from previous use of it, and falls over a bank at the edge, he is guilty of contributory negligence, and especially is this the case where a regular, but longer path, would have taken the person injured to his destination. •</p>