Strahl v. Philadelphia

Citations

• 35 Pa. Super. 301
• 1908 Pa. Super. LEXIS 30

Syllabus

<p>Negligence — Sidewalk—Municipality—Contributory negligence — Question for jury.</p> <p>In an action against a city to recover damages for personal injuries by a fall in a trench across a footwalk, it appeared that the trench was in fact a washout caused by a flood which occurred about six weeks before the accident. The footwalk was not a sidewalk constructed in the ordinary manner, but an embankment of cinder and other material, unguarded by railing or fence. The defendant claimed that the locality was sufficiently protected by two red lights placed at each end of the opening. Plaintiff testified that the red lights were not in place at the time of the accident. Several witnesses for defendant contradicted him, but it was not shown that they were present at the place of the accident, and they did not testify positively as to the exact condition of things at the very time of the accident, which was about half past nine of an August evening. Held, that the question of plaintiff’s contributory negligence and defendant’s negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>