Scherer v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Kephart,

Plaintiff was injured upon alighting from defendant’s car. At the time of the accident, Arch Street, in Phila delphia, was torn up for some distance to permit defendant to relay rails and the city to repave. The excavation and the relaying of the pavement was done by an independent contractor, while defendant itself relaid its rails. In digging the trench for the rails and ties, it was necessary to excavate beyond the ties. This was done to a width of 19 inches from the rails, and a depth of about 14 inches. During the operation, the earth was left solid under…