183 Pa. 611 | Pa. | 1898
Opinion by
In the defendant city, among others, are three traveled paved streets, with paved sidewalks; two of these are First and Second, parallel, running east and west, a square apart; connecting them is Short street, running north and south at right angles to them. Both streets and sidewalks are paved with brick with crossings for pedestrians, where they intersect; the sidewalks were set with curb; the surface of the street, starting at about
In substance, the court submitted to the jury, on the evidence, two questions: 1. Was the city guilty of negligence in constructing and continuing in use the open gutter plan at crossings ? 2. Assuming there was no negligence in this particular, was it negligent in not providing sufficient light, whereby the gutters at the crossings could be seen and safely used ? Under .the instruction there was a verdict for plaintiff, and defendant appeals, assigning four errors, the substance of all of them however being disposed of by a consideration of the first, that the court did not instruct the jury that under the law and the facts the verdict should be for defendant; this, as already indicated, the court refused to do.
The very careful consideration which the learned judge of the court below gave to all the points raised in the issue, and his lucid charge to the jury, render the work of review easy. While our conclusion is that he erred in assuming, that on this evidence the controlling question was one of fact for the jury, it can scarcely be said the law is well settled throughout the United States otherwise, for the text writers and decisions on the questions are not always in harmony. The municipality is not an insurer of travelers on foot or in vehicles from accident or injury. All agree that this is the law. It is only bound to construct and keep in repair its highways, so that, they shall be reasonably safe, by night and by day, for the public who use them. In constructing paved streets and sidewalks, it is absolutely necessary to the durability and passability of both, that suitable gutters be provided, at the sides for conveying from the
As to whether sufficient light was provided by the city on the night of the accident, we may briefly say, that there is no legal obligation on a municipality to light its streets when their construction is reasonably safe for travel. That is solely a question for the municipal legislature. It may do many things not enjoined by law to promote the general well being and comfort of the citizen; but, in not doing that which no statute commands, negligence cannot be imputed to it. ■ This, however, in
We are of opinion that on the undisputed facts in law plaintiff had no case.
The judgment is therefore reversed and judgment entered for defendant.