McDonald v. Mars Borough

Opinion by

Mr. Justice Jones,

The plaintiff sued to recover damages from the defendant borough for injuries she received in a fall due to an alleged negligent condition of a sidewalk along a public street of the borough. At trial, the defendant moved for a compulsory nonsuit on the grounds (1) that the plaintiff had failed to establish negligence on the part of the defendant as the proximate cause of her injury and (2) that the plaintiff was guilty of contributory negligence as a matter of law. The motion was denied. The defendant rested without offering evidence but submitted a point for…