Borough of Norristown v. Fitzpatrick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 10. Case by Alice Fitzpatrick by her next friend, J. Fitzpatrick, against the burgess and town council of the borough of Norris-town, to recover damages for injuries alleged to have been received through the negligence of the defendants.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1879, No. 10. Case by Alice Fitzpatrick by her next friend, J. Fitzpatrick, against the burgess and town council of the borough of Norris-town, to recover damages for injuries alleged to have been received through the negligence of the defendants. At the trial, under the instruction of the court, the jury found the following special verdict: “ That the plaintiff was injured on the night of the 31st December 1875, in the borough of Norris-town, about 9 P. M., while lawfully crossing Main or Egypt street, one of the most…
1Opinion of the CourtJustice Gordon
The injury to the plaintiff, complained of in this suit, was occasioned by the firing of a cannon, in a public street of Norristown, by an assemblage of citizens, on the evening of the 31st of December 1875. The business in which they were thus employed was undoubtedly of an unlawful character, and each and every person therein engaged was personally liable for any damage resulting therefrom. But that the municipality was so liable is another and a very different question. Municipalities are not conservators of the public peace; they may or may not have the power to appoint police officers,…
2Cited by10 opinions
- Stevens Et Ux. v. PittsburghSuperior Court of Pennsylvania · 1937
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- Doughty v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1936
- Miller v. Hastings BoroughSuperior Court of Pennsylvania · 1904
- Powers v. City of PhiladelphiaSuperior Court of Pennsylvania · 1902
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