Alcorn v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on the case brought by Samuel Alcorn, to the use of ITenry J. Eox, against the City of Philadelphia, for the negligence of one of the city district surveyors, in surveying plaintiff’s lot, and for not talcing security from the said surveyor.
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Error to the District Court of Philadelphia. This was an action on the case brought by Samuel Alcorn, to the use of ITenry J. Eox, against the City of Philadelphia, for the negligence of one of the city district surveyors, in surveying plaintiff’s lot, and for not talcing security from the said surveyor. The plaintiff’s narr. set forth, in first count, the possession of the lots by plaintiff; the application for a survey; the duty of defendants to use due care therein; that in pursuance of such application, defendants did make the survey, but so negligently, &c., that by the negligence, &c.,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The officer for whose dereliction it is attempted to hold the city, was a local functionary authorized by statute, not by ordinance, elected by the people of a defined district, and not subject to removal by the corporate authorities. Notwithstanding this, it is claimed that the city is answerable to the plaintiff for alleged negligence on the part of the surveyor, resulting in a mislo'cation of the lines of his lot, in which the city corporation had no concern or control.
Without there is something springing out of the relationship between…
2Cases cited1 opinion
- Dean v. New Milford TownshipSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- Fox v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Philadelphia v. Anderson, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Rosenblit v. PhiladelphiaSuperior Court of Pennsylvania · 1905
- Greer v. Metropolitan HospitalSuperior Court of Pennsylvania · 1975
- Pulaski AvenueSuperior Court of Pennsylvania · 1907
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