Lancaster Avenue Improvement Co. v. Rhoads

Citations

• 116 Pa. 377
• 9 A. 852
• 1887 Pa. LEXIS 403

Syllabus

<p>1. When certain powers and privileges have been specially conferred by the public upon an individual or corporation for private emolument, in consideration of which certain duties affecting the public health or the safety of public travel have been expressly assumed, the individual or corporation in the receipt of the emolument cannot be relieved from liability by committing the performance of these duties to another.</p> <p>2. The rule that, in actions for negligence, municipal corporations may in certain cases cast the responsibility upon an independent contractor whose negligence caused the injury, has never been extended to corporations for profit.</p> <p>3. An incorporated turnpike company undertaking to lower the grade of its road while in the receipt of tolls and the road open for travelers, is bomid to guard that part retained for public use, to warn travelers of danger threatened by obstructions, and by suitable devices to direct them in the proper route; of these duties they may not divest themselves by shifting the responsibilities upon others.</p> <p>4. Painter v. Pittsburgh, 46 Penn. St. 213; Reed v. Allegheny, 79 Idem 300; Erie v. Caulkins, 85 Idem 247, distinguished: Penn. & Ohio Canal Co. v. Graham, 63 Penn. St. 290, explained.</p>