158 Pa. 78 | Pa. | 1893
Opinion by
In this case, the controlling questions were defendant’s negligence and the alleged contributory negligence of the plaintiff. As to the former there appears to have been no room for doubt. The testimony discloses the grossest carelessness on the part of the borough authorities in maintaining a dangerous pitfall, within the lines of the street, which the judicious expenditure of a few dollars could have obviated: Corbalis v. Newberry Township, 132 Pa. 9. If those whose duty it is to keep public highwajrs in a reasonably safe condition for public use were properly dealt with and adequately punished for their negligence, there would be fewer nuisances and man-traps maintained in public streets and highways.
There was some evidence of contributory negligence, but the question is whether the fact was so clearly established as to
So, in this case, we think the question of contributory negligence was not for the court, but exclusively for the jury. It was their special province to ascertain the facts and-draw from the testimony such inferences of fact as to them it appeared to warrant. On this point, all the facts and circumstances attending the injury should be fully considered.
Judgment reversed and a procedendo awarded.