Bodge v. Philadelphia

Citations

• 167 Pa. 492
• 31 A. 728
• 1895 Pa. LEXIS 936

Syllabus

<p>Municipalities — Negligence—Electrical bureau.</p> <p>Where an electrical bureau of a city, under its ordinances, derives a revenue from grants and pays it into the city treasury, such bureau, although it neither manufactures nor sells electricity, is not a branch of the police power of the municipality; but its revenue producing department and its employees are the servants of the city and the maxim “ respondeat superior” applies to their acts in conducting the business.</p> <p>Negligence — Reckless driving — Municipalities.</p> <p>In an action against a city to recover damages for personal injuries resulting from being knocked down by a team driven by an employee of the city, the question of defendant’s negligence is for the jury, where the evidence for the plaintiff, although contradicted, tends to show that he stopped at a street corner, looked up and down, and seeing no vehicle near him, proceeded to cross the street, and when about half way over was knocked down by a team which had turned into the street about two hundred feet away, and which came galloping towards him.</p>