Ewen v. City of Philadelphia

Citations

• 194 Pa. 548
• 45 A. 339
• 1900 Pa. LEXIS 437

Syllabus

<p>Municipalities — Discretionary power — Duty to guard dam — Rivers— Damages — Negligence.</p> <p>A municipal corporation is not liable to an action for damages, either for the nonexercise of, or for the manner in which, in good faith, it exercises discretionary powers of a legislative character.</p> <p>Where a river flowing through a park has been made a slack-water navigation by a corporation authorized by statute, with power to erect dams and locks, a city in which is vested the title to the park has no duty, in the absence of statutory requirement, to maintain safeguards above a dam erected by such corporation within the park limits, to prevent boats from drifting over the dam.</p> <p>The city of Philadelphia is subject to no duty to maintain safeguards across the Schuylkill river above the Fairmount dam.</p>