Boland v. Scranton City
Superior Court of Pennsylvania
Appeal, No. 33, March T., 1915, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 313, on verdict for plaintiff in case of P. J. Boland v. Scranton City. Trespass to recover damages for personal injuries. Before Johnson, P. J., specially presiding.
Read the full summary
Appeal, No. 33, March T., 1915, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 313, on verdict for plaintiff in case of P. J. Boland v. Scranton City. Trespass to recover damages for personal injuries. Before Johnson, P. J., specially presiding. At the trial it appeared that plaintiff was injured on June 3, 1912, by stepping into a hole or depression in the sidewalk on the south side of Lackawanna avenue in the city of Scranton and opposite property No. 228. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for…
1Opinion of the Court
Opinion by
Orlady, J.,
The duty imposed by the law on the plaintiff in this case is fairly stated in Lerner v. Philadelphia, 221 Pa. 294, to have been, “One is not required in walking along a traveled highway, to keep his eyes fastened upon the ground continually to discover points of possible danger; *526nor is it necessary that he should in order to avoid exposed pitfalls lying directly in the path before him; but the law does require that he be observant of where and how he is going, so as to avoid dangers which ordinary prudence would disclose.”
On a clear day, with a crowded pavement before…
2Cases cited3 opinions
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Kennedy v. PittsburghSupreme Court of Pennsylvania · 1911
- Hincken v. Beechview BoroughSuperior Court of Pennsylvania · 1912