City of Harrisburg v. Saylor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1878, No. 51. Case by Mary A. Saylor against the city of Harrisburg, to recover damages for the death of her husband, which the plaintiff alleged' was occasioned by the use of defective machinery in the construction of the city waterworks, upon which the deceased was engaged at work at the time of his death.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1878, No. 51. Case by Mary A. Saylor against the city of Harrisburg, to recover damages for the death of her husband, which the plaintiff alleged' was occasioned by the use of defective machinery in the construction of the city waterworks, upon which the deceased was engaged at work at the time of his death. At the trial it appeared, that on the 8th of March 1871, the city by ordinance directed the construction of new waterworks and a reservoir, and authorized the appointment of a committee, who were specially charged with the…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
A careful examination of the record in this case, discloses no sufficient ground for reversal. The question of contributory negligence is a mixed question of law and fact. It is true when the facts are undisputed the court should declare the law thereon. Inasmuch, however, as the measure of duty is generally ordinary and reasonable care, the standard of the degree of care required, shifts w'ith the circumstances: McKee v. Bidwell, 24 P. F. Smith 218; Crissey v. Hestonville Railway Co., 25 Id. 83. When the evidence of concurrent negligence is…
3Cited by3 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Ayers v. City of New CastleSuperior Court of Pennsylvania · 1899
- Foard v. RathSuperior Court of Pennsylvania · 1907