Flynn v. Philadelphia
Flynn v. Philadelphia
Opinion of the Court
In the original and supplemental reports of the learned referee, and in the opinion filed by the learned judge of the court below, there appears a complete and convincing answer to the city’s contention respecting the obligation and the duty of the contractor. It was made clear by the reports and the opinion referred to that the city’s resistance to the payment of the claim of the plaintiffs was not warranted by any satisfactory evidence in the case. The judgment entered in favor of the plaintiffs and against the defendant, together with lawful interest thereon from November 1, 1898, to the date of the entry of the judgment, amounted to $11,306.87, less one half of the fee of the referee to be paid by the plaintiffs in accordance with the stipulation of the agreement of reference. We therefore affirm the judgment and dismiss the specifications of error.
Judgment affirmed.
Reference
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- Status
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- Syllabus
- Municipal contract—Damages—Responsibility for injuries to properly. Where a municipal contract provides that the contractor shall indemnify the city against any suits for damages or injuries received or sustained by any party or parties by or from the contractor, his agents or servants in performance of the work under the agreement, and that certain moneys shall be retained by the city until “all such suits or claims shall have been settled,” and the contract also stipulates that the city shall provide the contractors a width of right of way sufficient for construction, and shall be responsible for the payment of damages for such right of way, the city cannot retain the amount of damages awarded to pi'operty owners for injuries to property which resulted from the work done, but without negligence on the part of the contractors.