Borough of West Chester v. Apple
Supreme Court of Pennsylvania
Error, to the Common Pleas of Chester county. This was an action on the case by The Burgesses and Inhabitants of the Borough of West Chester against William Apple and Gideon Miles, to recover the sum of $75 and costs, which one Davis Bishop had recovered against the corporation for the wrongful act of the defendants.
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Error, to the Common Pleas of Chester county. This was an action on the case by The Burgesses and Inhabitants of the Borough of West Chester against William Apple and Gideon Miles, to recover the sum of $75 and costs, which one Davis Bishop had recovered against the corporation for the wrongful act of the defendants. The borough of West Chester was the owner of the water-works for supplying its inhabitants with water, and the main conduit pipes were laid along Market street in the said borough. William Apple, one of the defendants, was then superintendent, but his duties in reference to the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
If the original injury in this case was not legally chargeable against the borough, then it can have no right of action against the original wrongdoer, even though it was sued for it and gave him notice to defend, and an award was had against it, which it paid. One who is improperly sued for the wrong of another, must secure himself by a defence against that action, and not by subrogation to another.
Was the borough liable for the original injury ? We think not. It is an imperious necessity that has forced upon our towns the substitution of…
2Cited by4 opinions
- Tugboat Indian Co. v. A/S Ivarans RederiSupreme Court of Pennsylvania · 1939
- Mooney v. Luzerne BoroughSupreme Court of Pennsylvania · 1898
- Fitzpatrick v. Burgess & Town CouncilSupreme Court of Pennsylvania · 1898
- Philadelphia v. SmithSupreme Court of Pennsylvania · 1889