Kettyle v. Davidson & Silberman

Citations

• 75 Pa. Super. 225
• 1920 Pa. Super. LEXIS 255

Syllabus

<p>Beal estate — Contracts for repairs — Care of premises — Damages —Liability of contractor.</p> <p>In an action for damages to real estate sustained through the alleged negligence of the defendant, it appeared that the defendant was a contractor who had been given a contract for the repairs to a dwelling house. The plaintiff retained the possession of the building and during the course of repairs the contractor notified him that he had turned off the water in order to safeguard the property in case of freezing weather. Subsequently a subcontract for paper hanging was given, and the paper hanger turned on the water and started a fire in the heating system in order to properly proceed with his work. While this work was in progress the plaintiff called at the house and observed that the water had been turned on and the fire started. Some time afterwards the fire was allowed to go out, and the water pipes in the building were frozen, ¡causing the damages to the premises.</p> <p>Held, that the plaintiff, having had notice that the water had been turned on, was bound to take proper steps to protect his property and binding instructions should have been given for the defendants.</p>