Union Paving Co. v. Thomas

WELSH, District Judge.

On December 12, 1946, at about midnight, one Jeremiah M. Downey, while operating his motor vehicle westwardly on the Lincoln Highway, near Strafford, Chester County, Pennsylvania, drove said motor vehicle into an excavation in the road which was about twenty feet long, six feet wide and six feet deep. As a result, said Jeremiah M. Downey sustained personal injuries and property damages for which he instituted an action in trespass against the Union Paving Company on May 8, 1947.

The Union Paving Company appealed to the Circuit Court of Appeals for the Third Circuit and…