Hepburn v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1891, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1889, No. 96, on verdict for plaintiff, Frances E. Hepburn. Trespass for personal injuries. On the trial before Finletter, P. J., the following facts appeared: The plaintiff on the night of Sept. 2, 1888, walked across Arch street toward a car which she wished to board, but before reaching it fell into a ditch ,and was injured.
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Appeal, No. 294, Jan. T., 1891, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1889, No. 96, on verdict for plaintiff, Frances E. Hepburn. Trespass for personal injuries. On the trial before Finletter, P. J., the following facts appeared: The plaintiff on the night of Sept. 2, 1888, walked across Arch street toward a car which she wished to board, but before reaching it fell into a ditch ,and was injured. Other facts appear by the opinion of the Supreme Court. The letter of acceptance of the bid of the contractor, Kane, dated Aug. 1, 1888, and referred to in the opinion,…
1Opinion of the Court
Opinion by
Mb.. Justice Steebbtt,
The evidence submitted to the jury was quite sufficient to warrant them in finding that the negligence of those engaged in digging the ditch, etc., on Arch street, was the sole cause of the injury suffered by the beneficial plaintiff in September, 1888. By necessary implication, the verdict in her favor was predicated of that finding of fact.
In view of all the circumstances disclosed by the evidence, the principle, respondeat superior, was applicable, and, prima facie, the city was liable, unless it was shown that the work referred to was legally let to an…
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