City of Erie v. Caulkins
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1877, No. 40. Case by Harriet J. Caulkins against the city of Erie to recover damages for injuries received from falling over an obstruction in the street and partially into a sewer then in process of construction. In the fall of 1872, the city of Erie entered into a contract with Peter Grant to construct a sewer in State street in said city.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1877, No. 40. Case by Harriet J. Caulkins against the city of Erie to recover damages for injuries received from falling over an obstruction in the street and partially into a sewer then in process of construction. In the fall of 1872, the city of Erie entered into a contract with Peter Grant to construct a sewer in State street in said city. While being constructed, the plaintiff in passing across said street fell over an obstruction into said sewer injuring her wrist and arm. It appeared that the night was dark…
1Opinion of the CourtJustice Gordon
The accident, which is the foundation of the present case, resulted from the negligence of certain workmen who were engaged in the erection or construction of a sewer for the city of Erie. The excavation for this sewer, which was in one of the public streets, having been carelessly left unguarded, the plaintiff, on the night of the 26th of November 1872, without any fault of her own, fell into it, and received the injuries complained of. , The question now before us is, who is the responsible party ? The defendant asked the court to say to the jury that, as the city had contracted with Peter…
2Cited by6 opinions
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Walters v. American Bridge Co.Supreme Court of Pennsylvania · 1912
- Commonwealth v. McKentySuperior Court of Pennsylvania · 1912
- Miller v. MerrittSupreme Court of Pennsylvania · 1905
- Hookey v. Borough of OakdaleSuperior Court of Pennsylvania · 1897
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