Pope v. Reading Company

Opinion by

Mr. Justice Maxey,

The plaintiff on October 11, 1927, was a concrete worker engaged on a construction job near the intersection of Eleventh and Race Streets in the City of Philadelphia. On and before this date the defendant owned and operated an elevated steam railroad in Philadelphia. The plaintiff was working on the foundations of a building and the place where he was working was outside but near to the retaining wall of the defendant company’s railroad. While the plaintiff was engaged in pouring concrete a piece of cement fell from the top of the wall above him and seriously and…