Shamburger v. City of Scranton

Leach, J.,

Plaintiff’s statement of claim, filed nearly 3 years after the accident, sets forth that she was injured through a defect in the sidewalk into which she stepped in broad daylight. On the face of the statement, it would appear that she did not look where she was going, which it was her duty to do: Payne v. West Chester Borough, 273 Pa. 570, 572, and cases there cited.

The summons issued November 8, 1930, and the plaintiff’s statement of claim was filed March 21, 1933. Thereupon the city moved for judgment of non pros, setting forth that the owner of the property has died since the…