Dean v. City of New Castle
Supreme Court of Pennsylvania
Dean v. City of New Castle, 201 Pa. 51 (Pa. 1901)
50 A. 310; 1901 Pa. LEXIS 717
Beown, Dean, Fell, McCollum, Mesteezat, Mitchell, Pottee
Dean v. City of New Castle
Opinion of the Court
The testimony required a submission of the case to the jury. It tended to show that the ridge of ice had existed on the sidewalk for sufficient time to imply notice to the city, even if there was not notice in fact. The plaintiff was entitled to traverse the sidewalk, using proper care in so doing, and whether he had used such care was also for the jury. We therefore dismiss the specifications of error.
Judgment affirmed.
Reference
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- Syllabus
- Negligence—Municipality—Slippery sidewalk. In an action against a city to recover damages for injuries sustained by a fall on a slippery sidewalk, a verdict and judgment for plaintiff will be sustained where it appears that at the place of the accident a ridge of ice had formed from water flowing from the end of a pipe near a house-line across the sidewalk to the curb, that the city had actual knowledge of the condition of the sidewalk for two or three days before the accident, that plaintiff was hurt in the evening, and that he had no knowledge of the ridge of ice.