Barth Et Vir v. Klinck

Opinion by

Mr. Justice Patterson,

This was an action in trespass brought by husband and wifé for personal injuries to the wife. At the conelusion of the evidence on liability the court below entered a compulsory nonsuit, which it refused to strike off, and this appeal followed.

Anna M. Barth and Elwood Barth, appellants, are the owners of -premises 416 Glenwood Avenue, Philadelphia. Pursuant to a contract previously made with the property owners involved, including appellants, Edward H. Klinck, appellee, a cement contractor, on May 17, 1946, began the work of tearing np and renewing the public…