Wertz v. Girardville Borough

Citations

• 30 Pa. Super. 260
• 1906 Pa. Super. LEXIS 58

Syllabus

<p>Negligence — Boroughs—Sidewalk—Evidence—Province of court and jury.</p> <p>In an action by a girl between fourteen and fifteen years of age against a borougb to recover for personal injuries sustained by a fall upon a sidewalk, the case is for the jury where the evidence although contradicted in part tends to show that there was ice on the sidewalk, that at the point of the accident there was a depression of about four inches due to the removal of a paving stone, that immediately next to this depression was another stone on which there was ice and snow, and that plaintiff in turning in the darkness to go into the street where she thought the walking was safer, stepped from the latter stone into the depression and was injured.</p> <p>It does not necessarily follow that one is guilty of negligence who is injured in passing over an accumulation of ice on the pavement. The extent and shape of the accumulation and the obviousness of the danger, affect the question.</p>