Rimby v. Philadelphia

Citations

• 208 Pa. 119
• 57 A. 347
• 1904 Pa. LEXIS 711

Syllabus

<p>Negligence — Municipalities—Defect in street — Independent contractor.</p> <p>The principle that a municipal corporation is not responsible for an injury caused by the negligence of an independent contractor has no application, where it appeal's that the accident causing the injury did not happen during the progress of the work and while the contractor had charge of the street upon which the work was being done, and that the defect in the street was not caused by defective work in construction but by wear from ordinary use, after the work had been completed and the street thrown open for travel.</p> <p>Where an independent city contractor has finished his work on a street, delivered it to the city, and has been paid eighty per cent of the contract price, the remainder being retained until work elsewhere by the same contractor was finished, and the city has permitted the work to fall into disrepair, and permits it to remain in such condition for months, and accidents at the place are of daily occurrence, a person who is injured by reason of the defect in the street may maintain an action against the city.</p>