Kibele v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Philadelphia county: of July Term, 1883, No. 13. Case, by Eugene Kibele against the City of Philadelphia, to recover damages for injuries sustained by himself and wife, and the loss of personal property, through the alleged negligent maintenance by the defendant of a defective gas main. Plea, not guilty.
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Error to the Court of Common Pleas No. 1 of Philadelphia county: of July Term, 1883, No. 13. Case, by Eugene Kibele against the City of Philadelphia, to recover damages for injuries sustained by himself and wife, and the loss of personal property, through the alleged negligent maintenance by the defendant of a defective gas main. Plea, not guilty. On the trial, before Peirce, J., the testimony on behalf of the plaintiff was to the following effect: — The city had laid the gas main in question along Haverford street between Thirty-sixth and Thirty-seventh streets several years previous to the…
1Opinion of the CourtJustice Gordon
We think the evidence in this case was sufficient to require its submission to the jury. The immediate cause of the injury to the plaintiff was undoubtedly the defective gas pipe, and the material question was whether of this defect the city had either actual or constructive notice. There can be no serious question of its liability for damages to a citizen resulting from its wilful neglect in a particular of this kind. Admitting then that the main was in all respects properly constructed and secured, and this was a question for the jury, yet if the city officials did know, or ought to have…
2Cited by23 opinions
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
- Bailey v. . WinstonSupreme Court of North Carolina · 1911
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