Wall v. Pittsburg

Citations

• 205 Pa. 48
• 54 A. 497
• 1903 Pa. LEXIS 511

Syllabus

<p>Negligence — Municipalities—Duty as to streets — Defective sidewalk— Contributory negligence.</p> <p>If a roadway be within the limits of a city, and still be kept in all respects as a country road, the duty of the city with regard to it is greatly relaxed; but where a street is not an ordinary public road, but a regularly laid out street, and has been so for several years, although on a hillside near the outskirts of a city, the duty of the municipality is to maintain the street and sidewalk in a reasonably safe condition for public travel by night and by day.</p> <p>In an action by a woman against a city to recover damages for personal injuries, it appeared that plaintiff lived on the south side of a street on a hillside, near the outskirts of a large city. The street was regularly laid out on the city plan and was of an established width of forty feet. It was lighted, although poorly, by street lamps, and had a board foot walk on the north side. There was no foot walk on the south side. The street was about three feet higher than the board walk. A dirt crossing or path lead from almost in front of plaintiff’s residence to the board walk. The accident occurred after dark. Plaintiff left her home, took the crossing to reach the board walk, and in going down the descent, just after she had made a step or two, fell into a hole and broke her leg. The hole was at the side of the descent from the street to the board walk, was about two and one half feet deep, and of about the same diameter. It was where a lamp-post formerly stood, but the post had been removed, leaving the hole unfilled. It had been in this condition for several months, was plainly observed in daylight, but not visible in the nighttime. The plaintiff every day for months had taken the same route across the street, and then on the board walk to and from her work. She testified that she had never seen the hole. Eelcl, that the questions of the city’s negligence and the plaintiff’s contributory negligen