Wray v. Evans
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1875, No. 148. This was an action on the case, commenced February 6th 1874, by William W. Evans against James T. Wray, for an injury received by the plaintiff from falling into a trench in one of the streets of Pittsburg, made for the purpose of laying gas pipes, under a contract by the defendant with the Pittsburg Gas Company.
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Error to the Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1875, No. 148. This was an action on the case, commenced February 6th 1874, by William W. Evans against James T. Wray, for an injury received by the plaintiff from falling into a trench in one of the streets of Pittsburg, made for the purpose of laying gas pipes, under a contract by the defendant with the Pittsburg Gas Company. On the 12th of May 1873, the defendant entered into a contract with the Pittsburg Gas Company to excavate a trench in Gas street and Second avenue, &e., so that 20-inch pipe…
1Opinion of the CourtJustice Gordon
In the case of Painter v. The Mayor, &c., of the City of Pitts-burg, 10 Wright 213 (Strong, J., delivering the opinion of the court), it was held that it is the settled law, both in England and in this country, as ascertained by the decided preponderance of authorities,, that persons not personally interfering with or -directing the progress of a work, but contracting with third parties to do it, are not responsible for a wrongful act done, or for negligence in the performance of the contract, if the act agreed to be done be lawful.
Hence, it was held, that the city was not responsible for an…
2Cited by8 opinions
- Eckert v. Merchants Shipbuilding Corp.Supreme Court of Pennsylvania · 1924
- Brooks v. Buckley & BanksSupreme Court of Pennsylvania · 1927
- Baier Et Ux. v. Glen Alden Coal Co.Superior Court of Pennsylvania · 1938
- Carter v. Berlin Mills Co.Supreme Court of New Hampshire · 1876
- Ginther v. Borough of YorkvilleSuperior Court of Pennsylvania · 1897
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