Legal Opinion

Curran v. Philadelphia

Supreme Court of Pennsylvania

Decided March 10, 1919No. Appeal, No. 135PublishedCited by 22 opinions

Appeal, No. 135, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., March T., 1916, No. 2704, on verdict for defendant in case of Frank Curran v. City of Philadelphia. Assumpsit on a municipal contract for. cleaning streets. Before Wessel, J. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, among others, was in directing a verdict for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

Prank Curran sought to recover from the City of Philadelphia a balance alleged to be due under a contract for cleaning certain of its streets. The agreement in question provides, by section 16 of the specifications, that the “engineer” is to “determine all questions in relation to the work and the prosecution thereof,” and “decide every question which may arise relative to the performance of the service covered by this contract”; further, that his “decision shall be final and conclusive.” Section 76 stipulates the “Director of Public Works” shall at stated…

2Cases cited40 opinions

  1. Williams v. NotopolosSupreme Court of Pennsylvania · 1918
  2. Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
  3. Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
  4. Morrill & Whiton Construction Co. v. City of BostonMassachusetts Supreme Judicial Court · 1904
  5. Yost v. McKeeSupreme Court of Pennsylvania · 1897

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3Cited by22 opinions

  1. Britex Waste Co. v. Nathan Schwab & Sons, Inc.Superior Court of Pennsylvania · 1939
  2. Rosenbaum v. DruckerSupreme Court of Pennsylvania · 1943
  3. Canuso v. PhiladelphiaSupreme Court of Pennsylvania · 1937
  4. Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
  5. Seaboard Surety Co. v. Commonw'lth.Supreme Court of Pennsylvania · 1942

17 more not listed; retrieve them via the Exa API.

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