Horner v. City of Philadelphia
Horner v. City of Philadelphia
Opinion of the Court
There was no evidence showing that the fire plug was placed in an unusual position or was of defective structure such as to induce the accident for which this action was brought. It was placed within four inches of the curb, and was of the ordinary diameter. As fire plugs are a clear public necessity, and cannot be placed in the open highway, and as they must be placed in such a position as to bo easily accessible in case of fire, there is no other position for them but on the sidewalks, and it is the universal practice to locate them there. The municipality is the sole authority to determine this matter, and, of course, as we have frequently held, their discretion is not to be held sub
Judgment affirmed.
Reference
- Full Case Name
- Walter J. Horner and Ella W. Horner v. The City of Philadelphia
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Municipalities — Discretionary power — Position of fire plug — Negligence. A municipality has the discretionary power to locate a fire plug on a sidewalk, and if, in the exercise of such discretion, it places a plug of ordinary diameter on a sidewalk four inches from the curb, it cannot be made liable for personal injuries to a pedestrian who stumbles over the plug. Municipalities — Lighting streets — Negligence. A municipality is under no legal obligation to light its streets, and cannot therefore be held responsible for an alleged insufficiency of light.