Zimmer v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1913, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 4,626, on verdict for plaintiff in case of Lawrence Zimmer v. City of Philadelphia. Trespass to recover damages for injuries to a house. Before Magill, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $572.35. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The principle involved in this case is not in doubt. Municipal corporations are liable for negligence in the management of their property in the same manner as individuals and private corporations are liable: Briegel v. Philadelphia, 135 Pa. 451; and this rule of duty applies in the distribution of water as in other relations of the municipality to its inhabitants. The negligence of the city’s servants in the maintenance of its water pipe system is attributable to the employer: Bodge v. Philadelphia; 167 Pa. 492. Where, therefore, by reason of a faulty construction of…
2Cases cited5 opinions
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
- Bodge v. PhiladelphiaSupreme Court of Pennsylvania · 1895
- Schwindt v. Lehigh Water Co.Superior Court of Pennsylvania · 1907
3Cited by5 opinions
- Householder v. Quemahoning Coal Co.Supreme Court of Pennsylvania · 1922
- Hindes v. PittsburghSuperior Court of Pennsylvania · 1944
- Abraham v. YardumSuperior Court of Pennsylvania · 1916
- Banet v. City of PhiladelphiaSuperior Court of Pennsylvania · 1973
- Riegel & Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1929