Turner v. Towanda Borough

Citations

• 245 Pa. 15
• 91 A. 212
• 1914 Pa. LEXIS 822

Syllabus

<p>Negligence — Boroughs—Ice on sidewalk — Pedestrian—Contributory negligence — Case for jury.</p> <p>In an action against a borough to recover damages for personal injuries resulting from falling on a ridge of ice on the sidewalk of a main street of the defendant borough, the ease was for the jury and a verdict for the plaintiff was sustained where it appeared that the flag stones with which the walk was paved were not uniform in height and on the lower of them pools of water some two inches deep collected, and by freezing and thawing formed slush and accumulated snow that became worn into ridges and extended across the walk; that the walk had been out of repair for several years and the ridges of ice had been on it a number of weeks; that the plaintiff was familiar with the condition of the walk and knew of the ridges of ice, but not of their exact location, and was carefully trying to avoid them; that it was dark and a slight fall of snow obscured the ridges, and shadows of poles, tree branches and wires fell across the pavement; and that the sidewalk on the opposite side of the street was in the same condition, and it did not appear that there was a safer way open to the plaintiff.</p>