Wertz v. Williamsport

Citations

• 67 Pa. Super. 156
• 1917 Pa. Super. LEXIS 362

Syllabus

<p>Negligence — Municipalities—Defective sideioallc — Contributory negligence — Case for jury.</p> <p>. In an action by a woman against a municipality to recover dam-, ages for personal injuries resulting from stumbling over a defective curb, the pase is for the jury and a verdict and judgment for plaintiff will be sustained where the evidence tends to show that at the place of the accident the curb rose about four inches above the sidewalk and had been in such condition for at least nine years; that the accident happened between seven and eight o’clock p. m., May 11th; that plaintiff was looking where she was going- even though she 'did not see distinctly because of the darkness; that she had her eyes in front of her when she stepped o ff; and that when she tried to avoid what she supposed to be an approaching pedestrian she was looking at the place where she fell. . Mellhenney v. Philadelphia, 214 Pa. 44, distinguished.</p> <p>Pedestrians are not compelled to remain off the streets of a city because it is dark, but, using the care demanded by the circumstances, they may go at any hour where business or inclination takes them,.and they may assume that the municipality has performed its duty in keeping- the streets in a safe condition for use both at night and during- the day.</p> <p>Practice, O. P. — Motion, for judgment n. o. v. — Evidence.</p> <p>In granting a motion for judgment n. o. v. it must appear that there is no conflict of evidence as to a material fact; and the plaintiff must be given the benefit of every fact and inference pertinent to the issue which the jury could legitimately find from the evidence before them.</p>