Ginther v. Borough of Yorkville

Citations

• 3 Pa. Super. 403
• 1897 Pa. Super. LEXIS 30

Syllabus

<p>Negligence — Municipal liability — Independent contractor — Municipal supervision.</p> <p>A municipality is not liable for the negligent performance of a contract by an independent contractor resulting in injury to the property of a citizen even if the work is done under the direction of an official authorized to inspect it who is vested with all powers necessary to secure compliance with the contract, payment even being conditioned on his approval of the work.</p> <p>Practice, Superior Gourt and G. P. — Point reserved — Exceptions—Eevieio.</p> <p>Whei’e a point is reserved the parties will be presumed to have assented to the correctness of the statement of facts embraced in the reservation; and a party not excepting to it at the time is estopped from denying its accuracy; the only inquiry which can be made on review in the appellate court is as to the legal effect of the facts set out in the reservation.</p>