Norris v. Philadelphia

Citations

• 49 Pa. Super. 641
• 1912 Pa. Super. LEXIS 385

Syllabus

<p>Negligence — Municipalities—Independent contractor — Injury to ornar mental trees — Damages.</p> <p>1. In an action against a city to recover damages for injuries to real estate, the city cannot allege as a defense that the injuries were due to the acts of an independent municipal contractor while engaged in laying a water main on the street in front of plaintiff’s property, where it appears that the contract provided that the contractor should place the material excavated where the chief of the bureau of water should direct, and that in compliance with the direction of the chief he had placed the material on plaintiff’s lawn with the result of destroying shrubbery and valuable ornamental trees.</p> <p>2. In such a case the measure of damages is the difference between the market value of plaintiff’s property before and after the injury,</p>