Trego v. Honeybrook Borough
Trego v. Honeybrook Borough
Opinion of the Court
It is a mistake to assume, as appears to have been done by' defendant in this case, that property owners, who — by direction of the borough authorities and in obedience to the requirements of an ordinance for that purpose — are engaged in paving and curbing the sidewalk in front of their respective properties, are, in any proper sense, contractors exercising an independent employment over which said authorities have no control. The well recognized principle of Painter v. Pittsburgh, 46 Pa. 213, Reed v. Allegheny City, 79 Pa. 300, and that line of authorities, has no application to such cases. Defendant’s points for charge, recited in the specifications of error, might therefore have been refused. The qualified affirmances of said points, now complained of, were more favorable to the defendant than it was entitled to. Where such improvements are being made, pursuant to ordinance and by direction of the borough authorities, the latter are not thereby relieved from the duty of seeing
Judgment affirmed.
Reference
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- Syllabus
- Negligence — Boroughs— Obstruction in street — Independent contractor. Property owners engaged in paving and curbing the sidewalk in front of their respective properties, in obedience to the requirements of an ordinance, are not contractors exercising an independent employment over which the borough authorities have no control. Where such improvements are being made pursuant to ordinance and by direction of the borough authorities, the latter are not thereby relieved from the duty of seeing that the street or streets on which the work is being done are kept in a condition that is' reasonably safe for public travel. In such a case where alarge stump is taken out of the sidewalk and rolled into the street several feet outside of the curb, and is permitted to lie there ten days or two weeks, without alight or anything to warn travelers at night of its position, and a person is injured thereby, the borough is liable in damages for the injury.