Smith v. Simmons
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Stisquehanna county: Of January Term 1883, No. 262. Case, by O. II. Simmons and Sarah Ann Simmons, his wife, to the use of the latter, against E. H. Smith, for injuries to Mrs. Simmons, occasioned by negligence of a contractor employed by defendant. Plea, not guilty.
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Error to the Court of Common Pleas of Stisquehanna county: Of January Term 1883, No. 262. Case, by O. II. Simmons and Sarah Ann Simmons, his wife, to the use of the latter, against E. H. Smith, for injuries to Mrs. Simmons, occasioned by negligence of a contractor employed by defendant. Plea, not guilty. At the trial, before Morrow, J., the following facts appeared : In 1877, defendant obtained a license from the Town Council of the borough of Susquehanna to dig a ditch and lay a pipe for a short distance along the street running in front of his house for the purpose of conveying water from a…
1Opinion of the Court
Mr. Jnstice Gordon
delivered the opinion of the court,
This case presents two main questions for our consideration and resolution, and these being determined, all others raised by the assignments may be passed as of minor consequence. Was the digging of the ditch in the public street of the borough of Susquehanna a nuisance perse? If not, if it was such a necessary work as was properly licensable by the borough council, then, as the second question, was the defendant chargeable with the negligence of his contractor who had charge of the work ? It is certainly true, that if the premise assumed…
2Cited by22 opinions
- Smith v. State Workmen's Insurance FundSupreme Court of Pennsylvania · 1918
- Carleton v. Foundry & Machine Products Co.Michigan Supreme Court · 1917
- Waggaman v. General Finance Co.Court of Appeals for the Third Circuit · 1940
- Beal v. Champion Fiber Co.Supreme Court of North Carolina · 1910
- Harmon v. Ferguson Contracting Co.Supreme Court of North Carolina · 1912
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