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Smith v. Sneller | 26 A.2d 452 (1942)

In some jurisdictions, a defendant accused of negligence can raise contributory negligence as a complete defense to liability. Contributory negligence exists if a plaintiff’s own negligence combines with the defendant’s negligence to cause the plaintiff’s harm. Generally, the reasonable-person standard is used to determine whether a plaintiff was negligent. In Smith v. Sneller, we explore whether the hypothetical reasonable person is considered to have the same physical impairments as the plaintiff.

Joseph Smith had a visual impairment. He could see light and, in good conditions, the outline of large objects. But he was blind for all practical purposes. Despite his condition, Smith worked as a door-to-door salesman in downtown Philadelphia, relying on the skyline for direction and street poles, trees, and hedges to keep him on the sidewalks.

While installing a sewer connection, plumber Peter Sneller hired Herman Lomastro to dig up a sidewalk. They placed a barricade at one end of the resulting trench, but the other end was blocked only by a two-foot pile of dug-up dirt. While navigating that sidewalk, Smith, who was walking without a cane or service dog, stumbled into the dirt, lost his footing, and fell into the trench, suffering injuries.

Smith sued Sneller and Lomastro for negligence based on their failure to place a barricade at that end of the trench. Sneller and Lomastro raised contributory negligence as a defense. They argued that Sneller was negligent in walking alone without any assistive device.

The trial court held in favor of Smith. Sneller appealed to the Pennsylvania Superior Court, which found contributory negligence applicable and therefore reversed. Smith appealed to the Pennsylvania Supreme Court.

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