Strauch v. Scranton

Opinion by

Hiet, J.,

Plaintiff, a pedestrian, was injured in a fall on the ice in the roadway of Moltke Avenue in Scranton. In this action, tried without a jury, the trial judge found in his favor in the sum of $1,991.20; the court en banc entered judgment, concluding that the facts imposed legal liability on the city. The judgment will be reversed.

Moltke Avenue, a dirt road some distance from the foot of a mountain in an outlying section of Scranton, runs southwardly, upgrade, from its intersection with East Mountain Road. The latter is an improved highway. The natural surface drainage is from…