Lerner v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 104, Jan. T., 1908, by plaintiffs, from order of C. P. No. 1, Pbila. Co., June T., 1902, No. 2,885, refusing to take off nonsuit in case of Max Lerner and Sarah Lerner, his wife, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Kinsey, J. The facts are stated in the opinion of the Supreme Court. . The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
We have gone very far in holding municipalities liable for injuries received in consequence of defective pavements, but never yet so far as to excuse the pedestrian using the pavements from the duty of exercising ordinary care. When one abandons the use of his natural senses for the time being, and chooses to walk over a pavement by faith exclusively, and is injured because of some defect in the pavement, he has only himself to blame. It is, of course, the duty of municipalities to see that the pavements along its streets are reasonably safe for public use, but…
2Cases cited1 opinion
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
3Cited by74 opinions
- Markman v. Fred P. Bell Stores Co.Supreme Court of Pennsylvania · 1925
- City of South Norfolk v. DailSupreme Court of Virginia · 1948
- Williams v. KozlowskiSupreme Court of Pennsylvania · 1933
- Pro v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1957
- Greene v. PhiladelphiaSupreme Court of Pennsylvania · 1924
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