Horner v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 215, Jan. T., 1899, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 919, refusing to take off nonsuit. Trespass for personal injuries. Before Pennypacker, P. J. At the trial it appeared that Mrs. Horner, on the evening of August 27, 1897, fell over a fire plug on the sidewalk of Worrell street in the city of Philadelphia. The plug was situated about four inches from the curb, and was of ordinary diameter.
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Appeal, No. 215, Jan. T., 1899, by plaintiffs, from order of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 919, refusing to take off nonsuit. Trespass for personal injuries. Before Pennypacker, P. J. At the trial it appeared that Mrs. Horner, on the evening of August 27, 1897, fell over a fire plug on the sidewalk of Worrell street in the city of Philadelphia. The plug was situated about four inches from the curb, and was of ordinary diameter. The testimony for the plaintiff tended to show that the fire plug, a telegraph pole and a gas lamp were directly in line with each other, so that the…
1Opinion of the Court
Per Curiam,
There was no evidence showing that the fire plug was placed in an unusual position or was of defective structure such as to induce the accident for which this action was brought. It was placed within four inches of the curb, and was of the ordinary diameter. As fire plugs are a clear public necessity, and cannot be placed in the open highway, and as they must be placed in such a position as to bo easily accessible in case of fire, there is no other position for them but on the sidewalks, and it is the universal practice to locate them there. The municipality is the sole authority…
2Cases cited1 opinion
- Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
3Cited by12 opinions
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Rollins v. City of Winston-SalemSupreme Court of North Carolina · 1918
- Eichenhofer v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- WECKSLER v. PhiladelphiaSuperior Court of Pennsylvania · 1955
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