McLaughlin v. City of Corry

• Decision Date: 04 January 1875
• Citation: McLaughlin v. City of Corry, 77 Pa. 109, 18 Am.Rep. 432 (Pa. 1875)
• Parties: McLaughlin <I>versus</I> City of Corry.
• Court: Pennsylvania Supreme Court

Page 109

77 Pa. 109

McLaughlinversusCity of Corry.

Supreme Court of Pennsylvania.

November 12, 1874.

January 4, 1875.

November 12th 1874.

Before AGNEW, C. J., SHARSWOOD, MERCUR and GORDON, JJ.

Error to the Court of Common Pleas of Erie county:Of October and November Term 1874, No. 224.

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B. J. Reid(with whom was L. S. Norton), for plaintiff in error.—The liability of the city for the defect in the sidewalk was the same whether the officials knew it or not: Erie Cityv. Schwingle, 10 Harris 384;Norristown v. Moyer, 17 P. F. Smith 356;Davenport v. Buckman, 37 N. Y. Rep. 567; Shearman & Redf. on Negl., §§ 147,148,385,407, and notes.Where the authorities of a town allow ice or snow to accumulate in the streets in ridges or drifts, the towns are liable for injuries resulting from these things: Shea v. Lowell, 8 Allen 136;Luther v. Worcester, 97 Mass. 268;Street v. Holyoke, 105 Id. 82;Collins v. Council Bluffs, 32 Iowa 324;Providence v. Clapp, 17 Howard 161.When money is raised by charitable subscription for one hurt by negligence of town authorities it is not to be taken into consideration in estimating his damages: Norristown v. Moyer, 17 P. F. Smith 356.Nor the proceeds of an accident insurance policy: Harding v. Townshend, 43 Vermont 536(5 AmericanRep. 304).As to the 7th point they cited Railroad Co. v. Allen, 3 P. F. Smith 277;Pennsylvania & Ohio Canal Co. v. Graham, 13 P. F. Smith 290; Laing v. Colder, 8 Barr 481.

W. W. Brown(with whom was M. Crosby), for defendant in error, cited 2 Dillon on MunicipalCorp. 963;Stanton v. Springfield, 13 Allen 566;Hutchins v. Boston, 14 Id. 508;Billings v. Worcester, 102 Id. 329;Landolt v. Norwich, 11 Am.LawReg. 383.

Mr. Justice GORDONdelivered the opinion of the court, January 4th 1875.

That a municipal corporation, such as a city, borough, township, or county is liable for damages arising from the neglect of its officers in not keeping the streets, roads and bridges, over which it has jurisdiction, in proper repair, is established by many authorities; among others, Dean v. New Milford Township, 5 W. & S. 545; Pittsburg v. Grier, 10 Harris 54;Allentown v. Kramer, 23 P. F. Smith 406;Humphreys v. Armstrong County, 6 P. F. Smith 204.

These cases proceed upon the principle that the various municipalities have full and complete control of and power over the roads, streets and bridges within their several precincts, and that they are charged with the duty of their proper construction and repair.In the case in hand, the plaintiff charges, that through the default of the officers of the city of Corry, the ice and snow had been permitted to accumulate, upon the sidewalk in question, in such a manner as to be dangerous to foot passengers, and that by reason thereof, he fell and received the injuries of which he complains.Whether this were so or not, was a question for the jury, and as such the court should have submitted it.

If the city authorities were negligent in allowing a dangerous obstruction to exist in the public highway, which they could have removed, and the plaintiff was injured thereby, without any fault of his own, the city was undoubtedly liable for the damages which he suffered.

It is argued, however, that, as the obstruction complained of was the result of natural causes, over which man has no control, therefore the defendant is not liable.This would be true if the effects produced by these causes were beyond human remedy; but ordinarily such is not the case.Roads are constantly being worn by the never-ceasing action of the elements; but no one imagines that this is an excuse for a neglect to repair them.A sudden flood may render a public bridge or highway impassable, but surely that is no reason for allowing it to remain so for ever.A municipality cannot prevent the general slipperiness of its streets, caused by the snow and ice during the winter, but it can prevent such accumulations thereof, in the shape of ridges and hills, as...