Homan v. Stanley

Citations

• 66 Pa. 464
• 1871 Pa. LEXIS 60

Syllabus

<p>1. An owner who excavates a cellar and carries the excavation to the curbstone for the purpose of constructing a vault under it is bound to have it securely fenced.</p> <p>2. An owner about to build, contracted with one to dig the cellar, who employed his own assistants, horses and carts ; with another to do the masonry, the owner finding the stone, lime, &c.; with a third to put up the superstructure. The excavation not being sufficiently guarded the plaintiff fell in and was injured. Held, that the owner and not the contractor was liable.</p> <p>3. Where the contract is split up into different contracts and the owner undertakes to supply the materials and no provision is made for the supervision of the work or maintaining guards, the duty is on the owner to protect the public. Per Sterrett, P. J.</p>