Earley v. Philadelphia

Citations

• 235 Pa. 153
• 83 A. 616
• 1912 Pa. LEXIS 517

Syllabus

<p>Negligence — Municipalities—Caving in of street — Independent contractor.</p> <p>In an action against a city to recover damages for personal injuries resulting from the caving in of a street, where there is evidence that the street at the time of the accident was in the control of an independent contractor, it is proper for the court to submit to the jury the question whether the city or the contractor had failed in the performance of a duty to the plaintiff, and if the jury find for the city, their verdict and the judgment thereon will not be reversed by the appellate court.</p>