Howard v. Philadelphia

Citations

• 250 Pa. 184
• 95 A. 388
• 1915 Pa. LEXIS 928

Syllabus

<p>Municipal corporations — Officers and agents — Negligence—Lia-’ bility — Discretionary duties.</p> <p>1. When a legal duty has been imposed by statute upon a municipal corporation, it is liable for injuries resulting from the neglect thereof, but the duty imposed must be absolute or imperative, not such as, under a grant of authority, is entrusted to the judgment and discretion of the ■ municipal authority. A municipal corporation is not liable for an action for damages either for the nonexercise of, or for the manner in which, in good faith, it exercises discretionary powers of a public or legislative character.</p> <p>2. A municipality is not liable to respond in damages for injuries occasioned through the neglect, incompetency or wrongful act of its duly appointed officers, in enforcing sanitary regulations to prevent the spread of contagious diseases.</p> <p>3. The health authorities of the City of Philadelphia established a quarantine in a certain district in which plaintiff resided. In order to be relieved from the regulations of the quarantine, plaintiff submitted to vaccination by a physician employed by the board of health. The operation was negligently performed, in consequence of which a serious illness resulted, causing the amputation of one of plaintiff’s limbs. In an action against the city to recover damages for the injuries so suffered, a verdict was recovered. Reid, the court did not err in entering judgment for the defendant non obstante veredicto.</p>