Zimmer v. Philadelphia

Citations

• 57 Pa. Super. 20
• 1914 Pa. Super. LEXIS 143

Syllabus

<p>Negligence — Municipalities—Defective water pipe.</p> <p>1. Where by reason of a faulty construction of a line of water pipe, or because after construction such pipe becomes out of repair, a leak results causing damage, the municipality is liable if it fails to exercise such diligence and care as ordinary prudence would require under the circumstances after notice, actual or constructive, of the defect.</p> <p>2. In an action against a city to recover for injuries to a house alleged to have resulted from a break in a water pipe, the case is for the jury where the plaintiff produces evidence tending to show that the street had settled at or near the place where the break occurred; that irregularities and depressions existed in the surface sufficient to create the impression that a defect existed in the water main; that the street was in a wet condition at this point, and had so continued for a long time; that after the repair of the pipe the wet condition was not observed; and that in the opinion of a mechanical engineer called by the plaintiff the fracture in the pipe.was an old one from which the water had been leaking for a long time. Such evidence makes out a prima facie case for the plaintiff, and is sufficient to put the city on proof.</p>