63 Pa. Super. 428 | Pa. Super. Ct. | 1916
Opinion by
The plaintiff instituted this action to recover damages for failure of the defendant to keep its streets and highways in proper repair, by reason of which neglect she was injured. She stated that she fell on a sidewalk by stepping into a hole one and one-half inches deep and ten inches square in a concrete pavement. She had no knowledge of this defect and the testimony of her witness showed that it had been in the street for a long period of time before the accident. This witness states that it was about three-quarters of an inch in depth. The plaintiff was not bound by this statement.
The evidence shows that, the pavement was constructed of concrete slabs. The court could not hold as a matter of law that a hole one and one-half inches deep was snch an irregularity that was to be expected in city sidewalks. Such holes in a concrete pavement may be exceedingly dangerous to pedestrians. Whether it was snch .an irregularity was for the jury to determine under all the evidence.
Judgment affirmed.