Frazier v. Butler Borough

Citations

• 172 Pa. 407
• 33 A. 691
• 1896 Pa. LEXIS 791

Syllabus

<p>Negligence — Boroughs—Supervision of streets — Sidewalks—Change of grade.</p> <p>Where the borough cuts down the grade of a street so that excavations to the depth of two to five feet are necessary to make the sidewalks conform to the new grade, the borough authorities are bound to exercise close supervision and watchfulness of the conduct of property owners in constructing new sidewalks, so as to protect the traveling public from danger.</p> <p>Negligence — Boroughs—Obstruction for purpose of improvements — Question for jury.</p> <p>The temporary obstruction of the public streets for purposes of improvement, if a reasonable necessity exists therefor, is not unlawful, and the municipality is not answerable in damages for permitting such obstruction ; but whether this obstruction is reasonably necessary, is a question of fact for the jury.</p> <p>Negligence — Boroughs—Notice to borough — Knowledge of councilmen.</p> <p>Knowledge by a member of councils of a borough of a nuisance is not of itself notice to the borough; express notice given to a councilman, where the duty of supervising streets rests with the borough council, if given to the councilman in his official capacity, is notice to the body of which he is a member; but his knowledge and acts as an individual are not notice to the municipality of which he is an official representative.</p> <p>Where a lot owner in a borough, who is also a councilman, employs a contractor to construct a sidewalk in front of his premises, and the contractor negligently leaves an obstruction in the street by which a person is injured, the owner’s knowledge of the obstruction is not notice to the borough council of which he is a member.</p>