March v. Phœnixville Borough
Supreme Court of Pennsylvania
Appeal, No. 76, Jan. T., 1907, by defendant, from judgment of C. P. Chester Co., April T., 1906, No. 69, on verdict for plaintiff in case of Isaiah G. March and Barbara March, his wife, v. The Burgess & Town Council of the Borough of PhcEnixville. Trespass to recover damages for personal injuries.
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Appeal, No. 76, Jan. T., 1907, by defendant, from judgment of C. P. Chester Co., April T., 1906, No. 69, on verdict for plaintiff in case of Isaiah G. March and Barbara March, his wife, v. The Burgess & Town Council of the Borough of PhcEnixville. Trespass to recover damages for personal injuries. Before Hemphill, P. J. At the trial it appeared that plaintiff on the night of October 31, 1905, about 10 p. m., was walking side by side with a companion on Hall street, PhcEnixville, Pa., when she fell into a hole in the pavement, variously estimated at from four to eight inches in depth, and was…
1Opinion of the Court
Per Curiam,
There was evidence that the defect in the highway had existed long enough to presume notice to the borough authorities, and the only question in the case, therefore, is the contributory negligence of the plaintiff.
The municipality is bound to keep its highways in fairly safe travelable condition, and travelers are entitled to presume that it will do so. Where the traveler has knowledge of a defect *67in the highway it does not follow as a legal consequence that he must under all circumstances avoid the use of it and reach his destination in some other way. It is a question of the…
2Cited by11 opinions
- Graham v. Reynoldsville Boro.Superior Court of Pennsylvania · 1938
- Highway Construction Co. v. SornaOhio Supreme Court · 1930
- Patterson v. PhiladelphiaSuperior Court of Pennsylvania · 1914
- Amey v. ScrantonSuperior Court of Pennsylvania · 1937
- Miller v. Montgomery BoroughSuperior Court of Pennsylvania · 1909
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