Webb v. Philadelphia

Citations

• 231 Pa. 21
• 79 A. 874
• 1911 Pa. LEXIS 785

Syllabus

<p>Negligence — Municipality—Sidewalk—Unguarded area way.</p> <p>In an action against a city to recover damages for personal injuries, it appeared that the plaintiff fell into an open, unguarded area way in which there were steps leading to a door that opened into the basement of a dwelling house. This door was under the front steps that were six feet high and extended six feet three inches into the pavement. The area way extended from the house line three feet into the pavement and was three feet four inches in length. The pavement was sixteen feet in width, and the clear space between the foot of the steps and the curb was nine feet, nine inches. The street was in a thickly populated part of the city and was much frequented. The accident happened at night. The plaintiff, who had no knowledge of the open area way, and who had occasion to wait on the street, went to the side of the front steps of the house to secure protection from the wind and after standing there a short time, stepped further back and fell. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>