Erie v. Englehart

Citations

• 50 Pa. Super. 378
• 1912 Pa. Super. LEXIS 60

Syllabus

<p>Municipalities — Municipal officers — Inspector of cable and sewers— Principal and surety.</p> <p>No recovery can be had by a city against the sureties of a ward inspector for a loss alleged'to have been caused to the city by the negligence of the inspector in overseeing the construction of a sewer, where it appears that the inspector was appointed by the mayor, was in no way under the direction of the city engineer, and was only required to inspect and report to councils, that the error in regard to the construction of the sewer was discovered before the work was finished, that the contractor rebuilt the defective part, that the whole work was finished' finally in accordance with the specifications, and the contractor paid the contract price, and that two years after the work was finished, on petition by the contractor, councils voluntarily paid him the amount which it had cost to correct the error, and that this was the amount for which the suit was brought upon the bond of the inspector.</p>