White v. Philadelphia

Citations

• 223 Pa. 563
• 72 A. 856
• 1909 Pa. LEXIS 575

Syllabus

<p>Negligence — Municipalities—Doorsteps—Falling over steps.</p> <p>1. A city ordinance providing that doorsteps “shall not extend more than four feet six inches into any footway of any street fifty feet wide or upwards, or a proportionate distance into any footway in any street of less width than fifty feet,” applies to the width of a street as physically opened, but not to the width of a street as plotted upon the city plan, but not physically opened to its full width. Such an ordinance is intended to define the limit of an encroachment on the pavement so as to provide a reasonable space between the steps and the curb, and the limit of encroachment is made to depend on the actual, and not on the theoretical, width of the street.</p> <p>2. No liability can be imposed upon a city for personal injuries caused by a fall over a doorstep, where it appears that there was a safe foot-way six feet and four inches wide between the end of the steps and the curb.</p> <p>3. A city is not required to open a street to the full width plotted. This is a matter wholly within the discretion of the municipal authorities and not reviewable by the court or jury in an action to recover damages for personal injuries.</p>