Watts v. Borough of Plymouth

Citations

• 255 Pa. 185
• 99 A. 470
• 3 A.L.R. 1110
• 1916 Pa. LEXIS 545

Syllabus

<p>N egligence — Municipalities—Streets — Defects — Pedestrians — Crossing between crossings — Contributory negligence — Nonsuit.</p> <p>1. A pedestrian has the right to cross over a public street at any point he elects, but where a convenient crossing has been provided, it is his duty to adopt such crossing unless he have reasonable ground for rejecting it. Where he does reject it and adopts another way, for no adequate reason, he assumes the risk of every danger arising out of municipal neglect that would have been avoided had he used the established crossing.</p> <p>2. If a street crossing is obstructed or in a dangerous condition so as to deter an ordinarily prudent man from using it he may walk •elsewhere.</p> <p>3. Ordinarily the question whether an excuse advanced for rejecting a crossing is reasonable or not is for the jury, but where no reason is expressed and no conclusion is derivable from the facts and circumstances except- that the choice of the way was inconsiderately and negligently made, it is the duty of the court to so pronounce.</p> <p>4. In an action against a municipality to recover damages for injuries sustained by a pedestrian from a fall caused by stepping in a hole while crossing a street, a compulsory nonsuit was properly entered where it appeared that the plaintiff attempted to cross the street at night at a point where there was no defined pathway, that it was so dark that she could not see the ground before her, and her arms were so encumbered that she could make little or no use of them in defending herself against possible accident;, although plaintiff knew that by passing down the side walk a distance of one hundred and fifty or two hundred feet she could reach a public crossing which was well lighted and afforded a safe way.</p>