Curry v. Erie City
Supreme Court of Pennsylvania
Curry v. Erie City, 209 Pa. 283 (Pa. 1904)
58 A. 476; 1904 Pa. LEXIS 609
Brown, Dean, Mestrezat, Mitchell, Thompson
Curry v. Erie City
Opinion of the Court
The only question in this case is on the contributory negligence of the plaintiff in riding her bicycle into a hole in the street without properly looking where she was going. But though called by most of the witnesses a hole, the defect was rather a depression caused by the subsidence of the foundation so that the surface of the asphalt had sunk but was not broken, and there was testimony that the defect was not noticeable until the rider came near it. Under such circumstances the question of negligence was for the jury.
Judgment affirmed.
Reference
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- Syllabus
- Negligence—Bicycles—Defect in asphalt pavement—City. In an action by a girl fourteen years old against a city to recover damages for personal injuries sustained by a fall from a bicycle, a verdict and judgment for plaintiff will be sustained where the evidence shows that the accident occurred on an asphalted street, that the fall was due to a depression caused by the subsidence of the foundation so that the surface of the asphalt had sunk but was not broken, that the defect was not noticeable until the rider came near it and that plaintiff had no knowledge of the condition of the pavement.