Mudano v. Phila. Rapid Transit Co.

Opinion by

Mr. Chief Justice Moschzisker,

The accident that gave rise to this case happened August 29, 1924. Joseph Mudano, plaintiff, in the course of some work he was doing on a public highway, held upright a heavy manhole cover, which, being struck by one of defendant’s ears, fell on plaintiff’s right heel, causing a compound fracture of the “os calcis” (the bone of the heel).

On the evidence at the trial under review, the questions of defendant’s negligence and plaintiff’s alleged contributory negligence were for the jury; hence it would serve no useful purpose to discuss those phases of the…