Chester v. Schaffer

Citations

• 24 Pa. Super. 162
• 1904 Pa. Super. LEXIS 148

Syllabus

<p>Negligence — Municipalities—Defective sidewalk — Recovery over against owner.</p> <p>Where a municipality has been compelled to pay a judgment in an action to recoverforpersonalinjuries sustained by reason of a defective sidewalk, it cannot use the judgment as the basis of a'suit against the owner of the sidewalk unless it gave notice to the owner of the pendency of the suit upon which judgment was recovered, that the owner might defend or join in the defense. Notice by the attorney for the plaintiff in such suit to the attorney for the owner in another suit brought by the person injured against the owner is not such notice as will affect the owner.</p> <p>To visit a principal with constructive notice, it is necessary that the knowledge of the agent or attorney should be gained in the course of the same transaction in which he is employed by his client.</p>