Quinn v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 322, Jan. T., 1908, by plaintiffs, from order of C. P. No. 5, Phila. Co., March T., 1905, No. 1,758, refusing to take off nonsuit in case of Felix Quinn and Felix Charles Quinn, a minor, by his father and next friend, Felix Quinn, v. City of Philadelphia. Trespass to recover damages for personal injuries. Before Martin, P. J. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Damages are not properly chargeable to any alleged act of *177negligence, when it appears that subsequently an independent and unexpected factor intervened which in itself was the real cause of the mischief. Legal responsibility in such a case rests upon the intervening cause, and unless that was the fault of the original wrongdoer, the latter is relieved from responsibility.
In the present case the city was charged with negligence in not pursuing the owner of the property, for permitting a small areaway to remain uncovered, opening from the sidewalk into the cellar,…
2Cited by11 opinions
- Hagarty v. Wm. Akers, Jr., Co., Inc.Court of Judicial Discipline of Pennsylvania · 1941
- Roche v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1951
- Jacob v. PhiladelphiaSupreme Court of Pennsylvania · 1939
- Barber v. John C. Kohler Co.Supreme Court of Pennsylvania · 1968
- Zlates v. NasimSupreme Court of Pennsylvania · 1940
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