Charlton v. Allegheny City
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This was a sci. fa. under the Act of 30th May, 1852, against the owners of a lot in Allegheny city, to recover the amount assessed upon said lot for the grading and paving of Rebecca street. One of the defendants was a minor, and the sci. fa. issued against her guardian.
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Error to the Court of Common Pleas of Allegheny county. This was a sci. fa. under the Act of 30th May, 1852, against the owners of a lot in Allegheny city, to recover the amount assessed upon said lot for the grading and paving of Rebecca street. One of the defendants was a minor, and the sci. fa. issued against her guardian. Another of the defendants filed an affidavit of defence, setting forth that the city authorities made the grading in an illegal and oppressive manner, and cut down and injured the river front of other lots of the defendant. The court below, M‘Clure, P. J., gave judgment…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
— In an action for work and labor done, the defendant may defalcate for any damages which he may have suffered by the careless or unskilful manner in which the work was done; but he cannot set off the damages which the plaintiff may have done to him in another and independent transaction. It follows, therefore, that the injuries, for which the defendants claim compensation in this case, are not admissible by way of set-off in this action. It has been so often decided that municipal corporations are not answerable for any injury arising from…