Appeal, No. 4, Jan. T., 1952, from judgment of Court of Common Pleas of Chester County, May T., 1948, No. 4, in case of Cecil W. Taylor v. The Borough of Modena. Judgment affirmed.
Carolus A. Wade, with him Wade, Wade & Wade, for appellant.
Lawrence E. MacElree, with him J. Paul MacElree, for appellee.
Before Drew, C.j., Stern, Stearne, Bell, Chidsey and Musmanno, JJ.
OPINION BY MR. JUSTICE CHIDSEY
Plaintiff-appellant sought to recover for personal injuries suffered by him when he allegedly fell on a ridge of ice in the roadway of a street in the defendant borough on December 15, 1947. The plaintiff contended that the ice was caused by water from a spring located on the southern side of the street, which flowed across it in a northeasterly direction, fanning out near the north side of the street where plaintiff fell. The negligence of the defendant was predicated on the assertion that the borough had failed to remedy the condition of which it had actual as well as constructive notice.
A jury verdict was rendered for the defendant borough which contended that there was no ridge of ice and that plaintiff fell by reason of the general slippery condition caused by the weather on that day; that it was free of negligence and plaintiff was contributorily negligent.
Plaintiff filed a motion for a new trial on two grounds: first, that a photograph produced by him which was taken two months after the accident and which showed the course of the water was improperly excluded from the evidence; second, that a photograph offered by the defendant was erroneously admitted into evidence over plaintiff's objection. The motion for a new trial was refused and this appeal from the judgment entered on the verdict raises the same two questions.
The admission of photographs is a matter largely within the discretion of the trial judge: West v. Morgan
This test was met.' And not only was that test met here but the test that the object and place reproduced was in the same condition as at the time of the accident, except for one change specifically pointed out and readily capable of appreciation by the jury (Timlin v. Scranton, supra), was ...