KELLY v. P.T.C.


363 Pa. 490 (1950)

Kelly, Appellant, v. Philadelphia Transportation Company.

Supreme Court of Pennsylvania.

January 3, 1950.


Attorney(s) appearing for the Case

Henry D. O'Connor, with him Edward A. O'Neill and Joseph W. O'Connor, for appellant.

Philip Price, with him Jay B. Leopold, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE HORACE STERN, January 3, 1950:

At about 8.30 o'clock on a September morning plaintiff, a painter, was working on a scaffold which was suspended above defendant's track, clear of its trains, on the Delaware River Bridge at a point somewhat toward the Camden side of the river and on the north side of the bridge. He had been painting in a standing position, but in order to move the scaffold, which he desired...

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