Norbeck v. Philadelphia

Citations

• 224 Pa. 30
• 73 A. 179
• 1909 Pa. LEXIS 721

Syllabus

<p>Negligence — Municipalities—Repair of streets — Independent contractor ■ — Retention of municipal control.</p> <p>1. A municipality is not liable for the negligence of an independent contractor while engaged in the construction or repair of a street of which he has the exclusive control or charge, but to relieve the municipality from liability in such cases the accident must be the result of the negligence of the contractor, and he must have such exclusive control of the street where the accident occurs as to authorize him to prohibit the use of it by the public.</p> <p>2. Whenever a municipality directs a street to be kept open and thereby invites the public to use it, an obligation is imposed on the municipality to see that it is maintained in a reasonably safe condition for travel.</p> <p>3. Where a municipality lets a contract to an independent contractor to widen and raise the grade of a street, but provides that a certain portion of the street shall be continuously kept open to the public during the progress of the work, and the municipality retains the control of such open portion by its police and inspector but permits a dangerous hole to continue in such portion for three months, and a person is injured by reason of such obstruction, the city is liable for the injuries sustained.</p>