208 Pa. 587 | Pa. | 1904
Opinion by
The accident complained of occurred in broad daylight on the sidewalk on the south side of Lycoming street in the city of Williamsport being that side of the street on which plain.tiff had lived for ten or twelve years and over which he passed half a dozen times a day to and from his home. The street
But counsel for appellant argues very earnestly, that the evidence established negligence per se on the part of the city; we do not think so and have so decided in Martin v. same city in an opinion handed down this day, a case very like the one before us on its facts. Although no case presenting exactly the same facts, has heretofore" reached us, the principle applicable to similar facts we have frequently announced, as notice Canavan v. Oil City, 183 Pa. 611, and other like cases. But that the facts do not establish negligence per se has been pointedly decided in the courts of several states. In Oliver v. City of Denver, Court of Appeals of Colorado, 57 Pac. Repr.
“ The only conclusion which can be drawn from the statements of the complaint is that the plaintiff was injured in an attempt to step from this (the paved) portion of the sidewalk area prepared and plainly provided for the use of foot passengers to a part of the sidewalk area not intended for foot travel or that he was crossing from the street to the sidewalk over a portion of the sidewalk area not intended for such foot travel. In either event he had no right to assume that the way from the sidewalk to the street was smooth and even.”
Like decisions with reference to injuries sustained in collisions with similar structures to protect grass plots along sidewalks were rendered in Dougherty v. Village of Horseheads, 159 N. Y. 154;
All the assignments of error are overruled and the judgment is affirmed.
Also reported 53 N. E. Repr. 799.