Smith v. Sneller
26 A.2d 452 · Supreme Court of Pennsylvania · 1942
Facts
A visually impaired salesman, while canvassing, fell into an open trench on a city sidewalk. The trench was dug by a plumber's subcontractor, and while there was a barricade on one side, only a two-foot pile of excavated earth separated the plaintiff from the trench on his side. Due to his severe blindness, the plaintiff did not see the earth pile or the trench and fell when the loose material slipped from under him.
Issue
Did the plaintiff, a severely blind individual who fell into an open trench on a city sidewalk, exercise the degree of care required of him, or was he contributorily negligent as a matter of law for not using compensatory devices like a cane or companion?
Holding
The Supreme Court affirmed the Superior Court's decision, finding the plaintiff guilty of contributory negligence as a matter of law, and thus affirmed the judgment for the defendant.
Rule
A person with impaired vision must exercise a degree of care proportionate to their impairment, which includes using compensatory devices like a cane, 'seeing-eye' dog, or companion to navigate public spaces and avoid known hazards, as obstructions are common on city sidewalks.
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