Roop v. City of Philadelphia
Supreme Court of Pennsylvania
Roop v. City of Philadelphia, 266 Pa. 353 (Pa. 1920)
109 A. 595; 1920 Pa. LEXIS 572
Brown, Kephart, Moschzisker, Simpson, Walling
Roop v. City of Philadelphia
Opinion of the Court
The complaint of the appellant is of the negligence of the City of Philadelphia in permitting ice to accumulate on one of its paths or sidewalks in Vernon park, at the point where she fell. The path was covered with snow, and the plaintiff testified that after she had fallen she discovex*ed ridges of ice beneath the snow, which caused her to fall. How long the ice had been there did not appear from the testimony, and there was nothing to show that the city had either actual or constructive notice of the icy condition of the path. The verdict for the defendant having been properly directed, the judgment on it is affirmed.
Judgment affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence — Municipality—Icy sidewalk — Constructive notice— Evidence — Records of weather bureau — Ordinance. 1. A verdict is properly directed for defendant in an action against a city to recover damages for personal injuries sustained by plaintiff by a fall on an icy sidewalk covered with snow, where it did not appear how long the ice had been there, nor that the city had either actual or constructive notice of the icy condition of the path. 2. The records of the weather bureau and a city ordinance providing a penalty for permitting ice to remain on paved footways, offered in evidence in this case, held not sufficient to prove constructive notice of the condition of the path.