Russo v. Pittsburgh Railways Co.

Opinion by

Fine, J.,

Michael Russo, appellee, was employed by an independent contractor to assist in the repair of a water line underlying the street car tracks of the Pittsburgh Railways Company, appellant. He instituted this action in trespass to recover damages for injuries sustained when one of appellant’s street cars struck a plank which was lying about two inches from the street car rail. The impact hurled the plank in such a manner as to strike appellee’s foot while he was in the act of jumping or running away from the tracks to allow the trolley to pass. A jury returned a verdict for…