100 Pa. 119 | Pa. | 1882
delivered the opinion of the court, March 20th 1882.
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 the jury that the plaintiff must satisfy them that there was an obstacle other than the mere slippery condition and smoothness of the surface that made the passage over the crossing where he fell dangerous. The accident was at a crossing, which was constructed
Judgment reversed.