Bandos v. Philadelphia

Opinion by

Me. Justice Maxey,

Plaintiffs brought an action in trespass against the City of Philadelphia for injuries sustained by the minor plaintiff, who while she was walking upon the sidewalk was run over by a horse-drawn vehicle which was then engaged in carrying ashes and refuse to a city dump. At the close of plaintiff’s case a nonsuit was entered upon the ground that the municipality was exempt from liability for the negligence set up because “the gathering and disposal of refuse and ashes is primarily a health measure, and hence a public or governmental measure within the police power.”

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