Kies v. City of Erie
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FEOM THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 9 July Term 1890, Sup. Ct.; court below, No. 2,58 September Term 1886, C. P. On August 21, 1886, Miss M. B. Kies brought case against the city of Erie to recover damages for personal injuries alleged to have been suffered by the plaintiff through the defendant’s negligence. The defendant pleaded not guilty.
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APPEAL BY PLAINTIFF FEOM THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 9 July Term 1890, Sup. Ct.; court below, No. 2,58 September Term 1886, C. P. On August 21, 1886, Miss M. B. Kies brought case against the city of Erie to recover damages for personal injuries alleged to have been suffered by the plaintiff through the defendant’s negligence. The defendant pleaded not guilty. At the trial on October 7, 1889, the following facts were shown upon the part of the plaintiff: In April, 1886, Peach street was one of the highways of the city of Erie much used by foot passengers. Some years prior…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
We do not think the court below erred in refusing to take off the nonsuit. It has been held in numerous cases that a municipal corporation is not responsible for the acts of its *150policemen and firemen. In other words, the doctrine of respondeat superior does not apply in such cases. It is sufficient to refer to Knight v. City of Philadelphia, 15 W. N. 307, and Fire Insurance Patrol v. Boyd, 120 Pa. 624.
It was urged, however, that the injury of which the plaintiff complains was not the result of the negligence of the firemen, but of the manner in which the…
2Cases cited1 opinion
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
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