Smith v. City of New Castle
Supreme Court of Pennsylvania
Appeal, No. 99, Oct. Term, 1896, by plaintiff, from order of C. P. Lawrence County, March Term, 1894, No. 61, refusing to take off nonsuit. Trespass for personal injuries. Before Wallace, P. J.. At the trial it appeared that on January 5, 1894, plaintiff was injured by falling into a hole on east side of Jefferson street in the city of New Castle. The hole was unguarded and without a rail, and had been in the street for a long period of time.
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Appeal, No. 99, Oct. Term, 1896, by plaintiff, from order of C. P. Lawrence County, March Term, 1894, No. 61, refusing to take off nonsuit. Trespass for personal injuries. Before Wallace, P. J.. At the trial it appeared that on January 5, 1894, plaintiff was injured by falling into a hole on east side of Jefferson street in the city of New Castle. The hole was unguarded and without a rail, and had been in the street for a long period of time. The plaintiff testified that she had been living in New Castle only four days; that she passed on the west side of Jefferson street several times but…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
There is no doubt as to the rule that where a person passing on the highway, or on any other place of passage, public or private, has a choice of two ways, one of which is safe and the other unsafe for passage, and the person about to pass, voluntarily and knowingly chooses the unsafe way without any necessity for so doing, he takes upon himself the risks of the passage, and is guilty of contributory negligence: Haven v. Bridge Co., 151 Pa. 620, and many other cases. In Hill v. Tionesta Twp., 146 Pa. 11, we held that one who undertakes to use a public road, knowing…
2Cases cited4 opinions
- Haven v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1892
- Hill v. Township of Tionesta, Pennsylvania Court of Common Pleas, Forest County1892
- Delaware L. & W. R. Co. v. CadowSupreme Court of Pennsylvania · 1888
- Douglass v. Monongahela City Water Co.Supreme Court of Pennsylvania · 1896
3Cited by11 opinions
- Texas Midland R.R. Co. v. ByrdTexas Supreme Court · 1909
- Shriver v. County Court of Marion CountyWest Virginia Supreme Court · 1910
- Rodgers Et Vir v. Shaler Twp.Superior Court of Pennsylvania · 1948
- Dormer v. Alcatraz Paving Co.Superior Court of Pennsylvania · 1901
- Ingram v. PhiladelphiaSuperior Court of Pennsylvania · 1908
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