Charles Eneu Johnson Co. v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 100, Jan. T., 1912, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, No. 328, on verdict for plaintiff in case of Charles Eneu Johnson Company v. City of Philadelphia. Trespass to recover damages for the burning of a building. At the trial it appeared that plaintiff owned a building on Ritner street in the city of Philadelphia. Prior to the time of the fire, Ritner street was being repaired by Edwin H. Yare, a city contractor.
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Appeal, No. 100, Jan. T., 1912, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1909, No. 328, on verdict for plaintiff in case of Charles Eneu Johnson Company v. City of Philadelphia. Trespass to recover damages for the burning of a building. At the trial it appeared that plaintiff owned a building on Ritner street in the city of Philadelphia. Prior to the time of the fire, Ritner street was being repaired by Edwin H. Yare, a city contractor. There was evidence that the contractor had deposited large quantities of inflammable material in filling in the street, and that this…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We have concluded that there must be a reversal of the judgment in this case. The case was not tried on a proper-theory, and as a result the rights and liabilities of the parties were not carefully defined. The liability, or non-liability of an independent contractor is not vital to the question here involved. A municipality is not always relieved from liability for injuries resulting from the work of an independent contractor in repairing its streets. If at the time of the commission of the negligent acts complained of, the contractor did not have the exclusive…
2Cases cited9 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Village of Jefferson v. ChapmanIllinois Supreme Court · 1889
- Seither v. Philad. Traction Co.Supreme Court of Pennsylvania · 1889
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Norbeck v. PhiladelphiaSupreme Court of Pennsylvania · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
- Conway v. Pottsville Union Traction Co.Supreme Court of Pennsylvania · 1916
- Gerber v. PhiladelphiaSuperior Court of Pennsylvania · 1915
- MacEr v. O'BrienIllinois Supreme Court · 1934
8 more not listed; retrieve them via the Exa API.