Herron v. Pittsburg
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 1, Allegheny County, Dec. T., 1901, No. 413, on verdict for plaintiffs in case of Vincent Herron, by his Father and Next Friend, Hugh Herron, and Hugh Herron, v. City of Pittsburg. Trespass to recover damages for personal injuries to a boy seven years old.
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Appeal, No. 118, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 1, Allegheny County, Dec. T., 1901, No. 413, on verdict for plaintiffs in case of Vincent Herron, by his Father and Next Friend, Hugh Herron, and Hugh Herron, v. City of Pittsburg. Trespass to recover damages for personal injuries to a boy seven years old. Before Brown, J. At the trial it appeared that on September 25, 1901, plaintiff was injured by coming in contact with a police call wire which had broken and fallen to the street. The call wire was of itself harmless, but after falling it became charged with a heavy…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is the duty of all parties using a highly dangerous agent, to use care commensurate with the danger, in order to prevent injury to persons or property exposed to its influence: Fitzgerald v. Edison Electric Illuminating Co., 200 Pa. 540. Cities are not excepted from the rule, and the fact that the agent is used or supervised under the police power does not excuse negligence in such use: Mooney v. Luzerne Borough, 186 Pa. 161. The cases deciding that municipal corporations are not liable for errors of judgment or discretion, rest on entirely different…
2Cases cited2 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Mooney v. Luzerne BoroughSupreme Court of Pennsylvania · 1898
3Cited by23 opinions
- Brush v. CommissionerSupreme Court of the United States · 1937
- Miller v. HickeySupreme Court of Pennsylvania · 1951
- Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
- Philadelphia Ritz Carlton Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
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