Kellow v. City of Scranton
This text of 45 A. 676 (Kellow v. City of Scranton) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
That there was a decided depression in the level surface of the pavement of which the city had notice but failed to repair, and that it was concealed by the snow and slush which prevailed at the moment of the accident, were palpable facts as to which there was no dispute. It was certainly a proper question of fact under all the testimony whether the plaintiff fell upon stepping into the depression of the surface, and the referee has found that she did. There was no evidence which would suffice to sustain a charge of contributory negligence. The assignments of error are dismissed.
Judgment affirmed.
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Cite This Page — Counsel Stack
45 A. 676, 195 Pa. 134, 1900 Pa. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellow-v-city-of-scranton-pa-1900.