Walton v. Colwyn Borough

Citations

• 19 Pa. Super. 172
• 1902 Pa. Super. LEXIS 55

Syllabus

<p>Negligence — Borough — Defective sidewalk — Contributory negligence— Question for jury.</p> <p>In an action against a borough to recover damages for personal injuries caused by a fall on a defective sidewalk, the evidence tended to show that the accident occurred about eight o’clock in the evening, when it was quite dark, and the pavement was lighted only by a coal oil lamp, enclosed in a glass case and placed upon a post about ninety feet distant. The sidewalk consisted of a paved way four feet in width which was located within the space between the curb and building line. On the inner side of this paved way there protruded above the level of the pavement an obstruction called a valve or water-box four inches in diameter and so placed as to be four inches from the inner edge of the paved way. Plaintiff was walking upon this paved way, holding her daughter, aged twelve years, by the hand, when her right foot struck the water-box and she was thrown to the ground and injured. It appeared that both the borough and the owner of the sidewalk had knowledge of the defect, and that the plaintiff herself knew in. a general way of the location of the obstruction. She, however, testified that she did not see it the evening of the accident on account of the dim light. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>