Mills v. City of Philadelphia

Citations

• 187 Pa. 287
• 42 W.N.C. 397
• 40 A. 821
• 1898 Pa. LEXIS 803

Syllabus

<p>Negligence — Municipalities—Streets—Building materials.</p> <p>The temporary use of a part of a public street for building materials is lawful, if room be left for the .passage of vehicles and notice be given at night of the obstruction.</p> <p>A paving company in a semi-rural district placed a pile of cinders in a street, extending eight or teu feet into the cartway. A red light was placed on the pile. A person while driving at night ran into the pile and was injured. An hour before the accident happened a police officer passed the place, and noticed that the light was burning brightly. Fifteen minutes later it was seen by another witness, and it was then dim, and apparently going out. At the time of the accident it was out. Held, that the city was not liable.</p> <p>Jti an action against the city for negligence in the care of its streets, it is not error to refuse to admit in evidence an ordinance requiring persons using said streets for building purposes to give notice of obstructions thereon in a prescribed way.</p>