George v. Lombardi

Levinthal, J.,

The question raised by defendants’ preliminary objections is whether owners whose property was damaged as the immediate and direct result of boring and blasting by municipal contractors may recover from the contractors in an assumpsit action.

Defendants’ contract with the City of Philadelphia provided that, in constructing the relief sewer, defendants “shall have charge and control of the entire work . . ., shall be deemed as independent contractor in respect to the work . . .” and “shall be alone liable and responsible for, and shall pay, any and all loss and damage sustained by…