Gardner v. Philadelphia
Supreme Court of Pennsylvania
Gardner v. Philadelphia, 221 Pa. 247 (Pa. 1908)
70 A. 721; 1908 Pa. LEXIS 472
Brown, Elkin, Mestrezat, Mitchell, Potter
Gardner v. Philadelphia
Opinion of the Court
Plaintiff walking down Pine street in the city of Philadelphia fell on the icy pavement. Examination showed a circular or curved rut in which his heel caught and his foot was turned. It was apparently made by a push cart in the soft snow or slush, later frozen hard and then covered with an inch or two of fresh snow that had fallen that morning. It was one of the most dangerous conditions that occur for pedestrians, but a condition incident to city pavements in our variable winter weather, and there was no evidence that the city had actual notice of it, or that it had been there long enough for notice to be implied.
Judgment ¿firmed.'
Reference
- Status
- Published
- Syllabus
- Negligence — Municipality—Sidewalk—Slippery pavement — Nonsuit. In an action against a city to recover damages for personal injuries sustained by a fall on an icy pavement a nonsuit is properly entered where the evidence shows that the plaintiff’s heel was caught and his foot turned in a circular or curved rut, and that the rut had apparently been made by a push cart in soft snow or slush,- later frozen hard, and then covered with an inch or two of fresh snow that had fallen the same morning.