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Smith v. Sneller

Pennsylvania Supreme Court
26 A.2d 452 (1942)

Written by Eric Miller, JD

Facts

Joseph Smith (plaintiff) was a door-to-door salesman with extremely impaired vision, almost to the point of blindness. Smith did not use a cane or a service dog while working in downtown Philadelphia. One day, Smith fell into a ditch dug across a sidewalk by Peter Sneller and Herman Lomastro (defendants). He failed to see the two-foot pile of dirt at the start of the ditch or the barricade at the other end. Smith sued Sneller and Lomastro for negligence. The trial court held in favor of Smith. Sneller appealed and the Superior Court reversed, holding that Smith’s recovery was barred by contributory negligence because Smith’s own negligence contributed to his injuries. Smith appealed to the Pennsylvania Supreme Court.

Rule of Law

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Holding and Reasoning (Drew, J.)

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