Gallagher v. Philadelphia Rapid Transit Co.

Citations

• 51 Pa. Super. 488
• 1912 Pa. Super. LEXIS 248

Syllabus

<p>Negligence — Street railways — Repair of streets.</p> <p>1. A street railway company occupying the streets of a city is at common law, liable to repair the space covered by its right of way thereon when out of repair, in a manner corresponding with the pavement of the rest of the street; and if it neglects this duty after notice, and a horse is injured by stepping into a hole in the pavement between the rails of the car track, the company will be liable in damages to the owner of the horse.</p> <p>2. Neither the Act of March 22, 1887, P. L. 8, nor the ordinances of the city of Philadelphia of July 7, 1857, April 1, 1859, October 16, 1860, and October 5,1862, relieve a street railway in Philadelphia from repairing the portion of a street covered by its right of way.</p>