160 Pa. 76 | Pa. | 1894
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.