Walton v. Philadelphia

Citations

• 55 Pa. Super. 373
• 1913 Pa. Super. LEXIS 372

Syllabus

<p>Negligence — Municipalities—Hole in cartway — Contributory negligence — Case for jury.</p> <p>In an action by a woman against a municipality to recover damages for personal injuries sustained by falling into a hole in the cartway of a city street, the question of the defendant’s negligence and the plaintiff’s contributory negligence is for the jury, where the evidence tends to show that the accident happened at night at a point where the street was dimly lighted; that the plaintiff was walking on a narrow sidewalk; that in order to avoid the crowd she stepped into the cartway and fell in a hole six or eight inches deep, and from two and a half to three feet in diameter about two feet from the curb, and that the hole had been there from nine months to a year.</p>