Switzer v. Pittsburg

Citations

• 54 Pa. Super. 183
• 1913 Pa. Super. LEXIS 37

Syllabus

<p>Negligence — Municipalities—Dangerous footwalk — Notice—Contributory negligence — Alternative route.</p> <p>In an action against a city to recover damages for personal injuries sustained from falling into a hole alongside of a footway, the case is for the jury both as to the defendant’s negligence and plaintiff’s contributory negligence, where the evidence tends to show that the foot-way was within the lines of an unopened street; that the hole, which was an uncovered sewer drop, was three feet from the footway; that the accident happened at night; that the sewer drop had been left uncovered for a period of about seven months; that the footway was used largely by the public, night and day, in going from a mill district to a residence district; and that the only alternative route according to the testimony of some of the witnesses was less safe than that which the plaintiff had taken. In such a case the fact that only one witness testified as to the condition of the sewer opening will not prevent the case from going to the jury.</p>