Borough of Mauch Chunk v. Kline
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Carbon county : Of January Term 1882, No. 61. Case, by E. C. Kline against the Borough of Maucli Chunk, to recover damages for personal injuries suffered by the plaintiff by falling in the highway. The narr. averred that the fall was occasioned by an accumulation of ice and snow in ridges which the defendant negligently permitted to remain upon and obstruct the said highway. Plea, not guilty.
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Error to the Court of Common Pleas of Carbon county : Of January Term 1882, No. 61. Case, by E. C. Kline against the Borough of Maucli Chunk, to recover damages for personal injuries suffered by the plaintiff by falling in the highway. The narr. averred that the fall was occasioned by an accumulation of ice and snow in ridges which the defendant negligently permitted to remain upon and obstruct the said highway. Plea, not guilty. Upon the trial, before Dreher, P. J., the following facts appeared : — About nine o’clock on the evening of Sunday, February 9th 1879, the plaintiff while walking…
1Opinion of the CourtChief Justice Sharswood
It was said by Mr. Justice Gordon in McLaughlin v. City of Corry, 27 P. F. Smith 113, “ a municipality cannot prevent the general slipperiness of its streets caused by the snow and ice during the winter, but it can prevent such accumulations thereof in the shape of ridges and hills as render their passage dangerous.” Upon a careful examination of the evidence, and especially of the testimony of the plaintiff himself, wo cannot find that his fall was owing to any hill or ridgé, for the non-removal of which the borough ought to be responsible in damages. The learned judge very rightly charged…
2Cited by13 opinions
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