278 Pa. 485 | Pa. | 1924
Opinion by
Plaintiff recovered a verdict and judgment against the City of Pittsburgh, for injuries sustained by her in falling over an iron hinge, which for more than twelve years had projected above the footway of one of the streets of the municipality. On this appeal, the rulings made at the trial are not challenged, nor is the jury’s finding that the city was negligent, the only complaint being that the court below erred in refusing to decide, as a matter of law, that plaintiff was guilty of contributory negligence and hence could not recover. In considering this, we must give plaintiff the benefit of all the evidence and inferences therefrom favorable to her, and reject all others: Fuller v. Stewart Coal Co., 268 Pa. 328. When stated in accordance with this rule, the controlling facts are as follows:
0(n the day of the accident plaintiff was returning to her home, which fronted on the street where the projecting hinge was. She had known of it for a number of years, but on this occasion could not see it, because it was completely covered by snow, which had been falling at intervals during several days. As she approached the place where it was, and was carefully endeavoring to locate and avoid it, she was pushed upon it by a crowd of pedestrians, which so filled the street as to prevent her walking elsewhere than where she did. Solely because of the facts stated, she stumbled over the hinge and sustained the injuries of which she complains.
The city argues that as plaintiff knew of the location of the hinge, she was bound to keep away from it. This would be true if by the exercise of care it was possible
The judgment of the court below is affirmed.