Opinion
December 14, 1959.
March 24, 1960.
Negligence — Possessor of property — Sidewalks — Ice — Constructive notice — Contributory negligence — Choice of ways — Circumstances.
1. In an action in trespass for injuries sustained by plaintiff when she fell on an icy pavement, in which it appeared that on this particular sidewalk for several days there had been ice that had been formed with ridges in it, it was Held that there was sufficient evidence to establish that the sidewalk was in a dangerous condition, that the condition had existed long enough to charge defendant property owner with constructive notice, and that defendant was negligent.
2. Where it further appeared that plaintiff had passed over the particular sidewalk each morning for the preceding three or four days, fully aware of its condition, and on the morning in question was carefully proceeding so that she would not fall; that this sidewalk was on the northern side of the road, and was part of a shorter route to plaintiff's destination which she had used for approximately 35 years; and that the south sidewalk of the road was completely clear of ice, but plaintiff would have had two or three extra street crossings if she had walked along the south sidewalk and then would have been in danger while crossing a bus loading area where traffic was not controlled by lights; it was Held, in the circumstances, that plaintiff was not contributorily negligent as a matter of law in her choice of ways.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 285, Oct. T., 1959, from judgment of Court of Common Pleas of Delaware County, Dec. T., 1956, No. 1296, in case of Esther R. Starr v. Philadelphia Transportation Company. Judgment affirmed.
Same case in court below: 20 Pa. D. C. 2d 163.
Trespass for personal injuries. Before SWENEY, P.J.
Verdict for plaintiff in the sum of $2000 and judgment entered thereon. Defendant appealed.
E.P. Balderston, Jr., with him J. Allen Hodge, and Aaron W. White, for appellant.
C. Norwood Wherry, for appellee.
Argued December 14, 1959.
The judgment of the Court of Common Pleas of Delaware County is affirmed upon the opinion of President Judge HENRY G. SWENEY, for the court en banc, discharging the defendant's motion for judgment non obstante veredicto. See also: Denver v. Sharpless, 191 Pa. Super. 554, 159 A.2d 7 (1960).
Judgment affirmed.