Miller v. Montgomery Borough
Superior Court of Pennsylvania
Appeal, No. 11, Feb. T., 1909, by defendant, from judgment of C. P. Lycoming Co., Dec. T., 1907, No. 276, on verdict for plaintiff in case of Joseph Miller v. Montgomery Borough. Trespass to recover damages for injuries sustained by a fall on a defective sidewalk.
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Appeal, No. 11, Feb. T., 1909, by defendant, from judgment of C. P. Lycoming Co., Dec. T., 1907, No. 276, on verdict for plaintiff in case of Joseph Miller v. Montgomery Borough. Trespass to recover damages for injuries sustained by a fall on a defective sidewalk. Before Hart, P. J. At the trial defendant presented these points: 4. If the jury find from the evidence that plaintiff knew of the defect in the sidewalk, and that he could have avoided it by walking in the street, or around the square, and that he voluntarily chose to take the risk of walking on the sidewalk in its defective…
1Opinion of the Court
Opinion by
Head, J.,
If the law declares, as an unvarying rule of human conduct, that where a citizen of a borough has knowledge of the existence of a defect or obstruction in a street or sidewalk, which renders its use dangerous, in any degree, he may not use it save at his peril, then the plaintiff stands self convicted of a violation of the rule and the trial court should have directed a verdict against him. There can be no doubt as to the existence of the legal principle that he who knows of a danger and voluntarily assumes the risk of testing it, cannot be heard in an effort to place upon…
2Cases cited7 opinions
- Steck v. City of AlleghenySupreme Court of Pennsylvania · 1906
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Brown v. WhiteSupreme Court of Pennsylvania · 1903
- Mellor v. Burgess & Town Council of BridgeportSupreme Court of Pennsylvania · 1899
- Stokes v. Township of RalphoSupreme Court of Pennsylvania · 1898
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3Cited by3 opinions
- McKelvey v. Juniata BoroughSupreme Court of Pennsylvania · 1919
- Amey v. ScrantonSuperior Court of Pennsylvania · 1937
- Kuhns v. Upper Allen TownshipSuperior Court of Pennsylvania · 1914