Swartzlander v. Borough of Kittanning

Citations

• 72 Pa. Super. 112
• 1919 Pa. Super. LEXIS 261

Syllabus

<p>Negligence — Municipalities—Contributory negligence — Case for jury.</p> <p>In an action by a woman against a municipality to recover damages for personal injuries resulting from stumbling over a gas or water box on tbe outside of a dirt walk, the ease is for the jury, and a verdict and judgment for the plaintiff will be sustained, where the evidence tends to show that at the place of the accident the box projected four or five inches above the surface of the walk, that the borough authorities knew of and approved its location and construction, and that the plaintiff was unfamiliar with the sidewalk and that she stumbled and fell over the box and sustained the injuries complained of.</p>