Smith v. Sneller

Opinion by

Hirt, J.,

Plaintiff, while engaged in a house to house canvass as a salesman of small articles, was injured in falling into an open trench in the west sidewalk of North Fifth Street in the City of Philadelphia. Defendant Sneller, a plumber, under contract to make a sewer connection with one of the houses on the street, had entered into an agreement with defendant Lomastro under which the latter did the necessary digging. A section of the concrete sidewalk had been removed and Lomastro’s men were in the trench at the time of plaintiff’s injury. The trench then extended from the curb…